CS for CS for SB 374                             First Engrossed
       
       
       
       
       
       
       
       
       2017374e1
       
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education; providing
    3         a short title; creating s. 1001.6001, F.S.; renaming
    4         the Florida College System as the Florida Community
    5         College System; creating the State Board of Community
    6         Colleges; requiring the Governor to appoint the
    7         membership of the board; providing that the
    8         appointments are subject to confirmation by the
    9         Senate; requiring the Division of Florida Colleges to
   10         provide administrative support to the board until a
   11         specified date; transferring the Florida College
   12         System and the Division of Florida Colleges to the
   13         State Board of Community Colleges by a specified date;
   14         requiring the State Board of Community Colleges to
   15         appoint a Chancellor of the Florida Community College
   16         System by a specified date; amending s. 20.15, F.S.;
   17         removing the Division of Florida Colleges from within
   18         the Department of Education; requiring the department
   19         to provide support to the State Board of Community
   20         Colleges; creating s. 20.156, F.S.; creating the State
   21         Board of Community Colleges and assigning and housing
   22         it for administrative purposes, only, within the
   23         department; providing the personnel for the state
   24         board; providing the powers and duties of the state
   25         board; requiring the state board to conduct an
   26         organizational meeting by a specified date; amending
   27         s. 112.313, F.S.; prohibiting citizen members of the
   28         State Board of Community Colleges or Florida Community
   29         College System institution boards of trustees from
   30         having an employment or contractual relationship as
   31         specified lobbyists; amending s. 112.3145, F.S.;
   32         revising the term “state officer” to include certain
   33         Florida Community College System personnel; amending
   34         s. 1000.03, F.S.; revising the function and mission of
   35         the Florida K-20 education system; requiring the State
   36         Board of Community Colleges to oversee enforcement of
   37         Florida Community College System laws and rules;
   38         amending s. 1000.05, F.S.; requiring the State Board
   39         of Community Colleges, instead of the Commissioner of
   40         Education, to make certain determinations regarding
   41         equal opportunities at Florida Community College
   42         System institutions; requiring the State Board of
   43         Community Colleges to adopt rules; amending s.
   44         1001.02, F.S.; revising the general powers of the
   45         State Board of Education to exempt provisions relating
   46         to the Florida Community College System; amending s.
   47         1001.03, F.S.; revising certain articulation
   48         accountability and enforcement measures; requiring the
   49         State Board of Education to collect information in
   50         conjunction with the Board of Governors and the State
   51         Board of Community Colleges; deleting duties of the
   52         State Board of Education regarding the Florida
   53         Community College System; amending ss. 1001.10 and
   54         1001.11, F.S.; revising the general powers and duties
   55         of the Commissioner of Education to exempt certain
   56         powers and duties related to the Florida Community
   57         College System; amending s. 1001.20, F.S.; revising
   58         duties of the Office of Inspector General within the
   59         department regarding the Florida Community College
   60         System; amending s. 1001.28, F.S.; providing that the
   61         powers and duties of the State Board of Community
   62         Colleges are not abrogated, superseded, altered, or
   63         amended by certain provisions relating to the
   64         department’s duties for distance learning; amending s.
   65         1001.42, F.S.; prohibiting a technical center
   66         governing board from approving certain types of
   67         courses and programs; amending s. 1001.44, F.S.;
   68         providing the primary mission of a career center
   69         operated by a district school board; prohibiting
   70         specified career centers from offering certain courses
   71         and programs; amending s. 1001.60, F.S.; conforming
   72         provisions to changes made by the act; creating s.
   73         1001.601, F.S.; establishing the State Board of
   74         Community Colleges; providing the membership of the
   75         board; creating s. 1001.602, F.S.; providing the
   76         responsibilities and duties of the State Board of
   77         Community Colleges; requiring the board to coordinate
   78         with the State Board of Education; amending ss.
   79         1001.61, 1001.64, 1001.65, 1001.66, and 1001.67, F.S.;
   80         conforming provisions to changes made by the act;
   81         amending s. 1001.706, F.S.; revising cooperation
   82         duties of the Board of Governors to include
   83         requirements for working with the State Board of
   84         Community Colleges; amending s. 1002.34, F.S.;
   85         providing the primary mission of a charter technical
   86         career center; prohibiting specified career centers or
   87         charter technical career centers from offering certain
   88         courses and programs; requiring the State Board of
   89         Education to adopt rules; amending s. 1003.491, F.S.;
   90         revising the Florida Career and Professional Education
   91         Act to require the State Board of Community Colleges
   92         to recommend, jointly with the Board of Governors and
   93         the Commissioner of Education, certain deadlines for
   94         new core courses; amending s. 1003.493, F.S.; revising
   95         department duties regarding articulation and the
   96         transfer of credits to postsecondary institutions to
   97         include consultation with the State Board of Community
   98         Colleges; amending s. 1004.015, F.S.; providing that
   99         the Higher Education Coordinating Council serves as an
  100         advisory board to, in addition to other bodies, the
  101         State Board of Community Colleges; revising council
  102         reporting requirements to include a report to the
  103         State Board of Community Colleges; requiring the State
  104         Board of Community Colleges, in addition to other
  105         entities, to provide administrative support for the
  106         council; amending ss. 1004.02 and 1004.03, F.S.;
  107         conforming provisions to changes made by the act;
  108         amending s. 1004.04, F.S.; revising department
  109         reporting requirements regarding teacher preparation
  110         programs to require a report to the State Board of
  111         Community Colleges; amending s. 1004.07, F.S.;
  112         providing that the State Board of Community Colleges,
  113         instead of the State Board of Education, provide
  114         guidelines for Florida Community College System
  115         institution boards of trustees’ policies; amending ss.
  116         1004.084, 1004.085, 1004.096, 1004.0961, 1004.35, and
  117         1004.6495, F.S.; conforming provisions to changes made
  118         by the act; amending s. 1004.65, F.S.; revising
  119         Florida Community College System institution
  120         governance, mission, and responsibilities to provide
  121         authority and duties to the State Board of Community
  122         Colleges, instead of the State Board of Education;
  123         providing that offering upper-level instruction and
  124         awarding baccalaureate degrees are a secondary and not
  125         a primary role of a Florida Community College System
  126         institution; amending ss. 1004.67, 1004.70, and
  127         1004.71, F.S.; conforming provisions to changes made
  128         by the act; amending s. 1004.74, F.S.; requiring the
  129         Chancellor of the Florida Community College System,
  130         jointly with the Commissioner of Education, to appoint
  131         members of the Council for the Florida School for the
  132         Arts; amending ss. 1004.78 and 1004.80, F.S.;
  133         conforming provisions to changes made by the act;
  134         amending s. 1004.91, F.S.; requiring the State Board
  135         of Community Colleges to collaborate with the State
  136         Board of Education to provide certain rules for
  137         Florida Community College System institutions
  138         regarding requirements for career education program
  139         basic skills; amending s. 1004.92, F.S.; providing
  140         accountability for career education for the State
  141         Board of Community Colleges; revising the department’s
  142         accountability for career education; requiring the
  143         department and the State Board of Community Colleges
  144         to collaborate to develop certain standards and
  145         benchmarks; requiring the State Board of Education and
  146         the State Board of Community Colleges to collaborate
  147         to adopt rules; amending s. 1004.925, F.S.; revising
  148         industry certification requirements for automotive
  149         service technology education programs to include the
  150         State Board of Community Colleges; amending s.
  151         1004.93, F.S.; conforming provisions to changes made
  152         by the act; amending s. 1006.60, F.S.; authorizing
  153         sanctions for violations of certain rules of the State
  154         Board of Community Colleges, instead of the State
  155         Board of Education; amending ss. 1006.61, 1006.62, and
  156         1006.71, F.S.; conforming provisions to changes made
  157         by the act; amending s. 1007.01, F.S.; revising the
  158         role of the State Board of Education and the Board of
  159         Governors in the statewide articulation system to
  160         include the State Board of Community Colleges and the
  161         Chancellor of the Florida Community College System;
  162         amending s. 1007.23, F.S.; requiring each Florida
  163         Community College System institution to execute at
  164         least one “2+2” targeted pathway articulation
  165         agreement by a specified time; providing requirements
  166         and student eligibility for the agreements; requiring
  167         the State Board of Community Colleges and the Board of
  168         Governors to collaborate to eliminate barriers for the
  169         agreements; amending s. 1007.24, F.S.; revising the
  170         statewide course numbering system to include
  171         participation by and input from the State Board of
  172         Community Colleges and the Chancellor of the Florida
  173         Community College System; amending ss. 1007.25,
  174         1007.262, 1007.263, 1007.264, 1007.265, and 1007.27,
  175         F.S.; conforming provisions to changes made by the
  176         act; amending s. 1007.271, F.S.; requiring the State
  177         Board of Education to collaborate with the State Board
  178         of Community Colleges regarding certain articulation
  179         agreements; amending s. 1007.273, F.S.; requiring the
  180         State Board of Community Colleges to enforce
  181         compliance with certain provisions relating to the
  182         collegiate high school program by a specified date
  183         each year; amending s. 1007.33, F.S.; prohibiting
  184         Florida Community College System institutions from
  185         offering bachelor of arts degree programs; deleting
  186         provisions relating to an authorization for the Board
  187         of Trustees of St. Petersburg College to establish
  188         certain baccalaureate degree programs; revising the
  189         approval process for baccalaureate degree programs
  190         proposed by Florida Community College System
  191         institutions; requiring a Florida Community College
  192         System institution to annually report certain
  193         information to the State Board of Community Colleges,
  194         the Chancellor of the State University System, and the
  195         Legislature; revising the circumstances under which a
  196         baccalaureate degree program may be required to be
  197         modified or terminated; requiring the termination of a
  198         baccalaureate degree program under certain
  199         circumstances; restricting total upper-level,
  200         undergraduate full-time equivalent enrollment at
  201         Florida Community College System institutions under
  202         certain circumstances; amending s. 1008.30, F.S.;
  203         requiring the State Board of Community Colleges,
  204         rather than the State Board of Education, to develop
  205         and implement a specified common placement test and
  206         approve a specified series of meta-majors and academic
  207         pathways with the Board of Governors; amending s.
  208         1008.31, F.S.; revising the legislative intent of
  209         Florida’s K-20 education performance and
  210         accountability system to include recommendations from
  211         and reports to the State Board of Community Colleges;
  212         amending s. 1008.32, F.S.; removing the oversight
  213         enforcement authority of the State Board of Education
  214         relating to the Florida Community College System;
  215         amending s. 1008.345, F.S.; removing provisions
  216         requiring the department to maintain a listing of
  217         certain skills associated with the system of
  218         educational accountability; amending s. 1008.37, F.S.;
  219         revising certain student reporting requirements of the
  220         Commissioner of Education to also require a report to
  221         the State Board of Community Colleges; amending s.
  222         1008.38, F.S.; revising the articulation
  223         accountability process to include participation by the
  224         State Board of Community Colleges; amending s.
  225         1008.405, F.S.; requiring the State Board of Community
  226         Colleges to adopt rules for the maintaining of
  227         specific information by Florida Community College
  228         System institutions; amending ss. 1008.44, 1008.45,
  229         1009.21, 1009.22, 1009.23, and 1009.25, F.S.;
  230         conforming provisions to changes made by the act;
  231         amending s. 1009.26, F.S.; requiring that certain
  232         information regarding fee waivers be reported to the
  233         State Board of Community Colleges; requiring the State
  234         Board of Community Colleges to adopt rules; amending
  235         s. 1009.28, F.S.; conforming provisions to changes
  236         made by the act; amending ss. 1009.90 and 1009.91,
  237         F.S.; revising the duties of the department to include
  238         reports to the State Board of Community Colleges;
  239         amending s. 1009.971, F.S.; conforming provisions to
  240         changes made by the act; amending s. 1010.01, F.S.;
  241         requiring the financial records and accounts of
  242         Florida Community College System institutions to
  243         follow rules of the State Board of Community Colleges,
  244         instead of the State Board of Education; requiring
  245         each Florida Community College System institution to
  246         annually file specified financial statements with the
  247         State Board of Community Colleges; amending ss.
  248         1010.02 and 1010.04, F.S.; requiring the funds
  249         accruing to and purchases and leases by Florida
  250         Community College System institutions to follow rules
  251         of the State Board of Community Colleges, instead of
  252         the State Board of Education; amending s. 1010.07,
  253         F.S.; requiring certain contractors to give bonds in
  254         an amount set by the State Board of Community
  255         Colleges; amending s. 1010.08, F.S.; authorizing
  256         Florida Community College System board of trustees to
  257         budget for promotion and public relations from certain
  258         funds; amending ss. 1010.09, 1010.22, 1010.30, and
  259         1010.58, F.S.; conforming provisions to changes made
  260         by the act; amending s. 1011.01, F.S.; requiring each
  261         Florida Community College System institution board of
  262         trustees to submit an annual operating budget
  263         according to rules of the State Board of Community
  264         Colleges; amending s. 1011.011, F.S.; requiring the
  265         State Board of Education to collaborate with the State
  266         Board of Community Colleges for legislative budget
  267         requests relating to Florida Community College System
  268         institutions; amending ss. 1011.30 and 1011.32, F.S.;
  269         conforming provisions to changes made by the act;
  270         amending s. 1011.80, F.S.; conforming provisions to
  271         changes made by the act; authorizing the State Board
  272         of Community Colleges to adopt rules; amending s.
  273         1011.801, F.S.; specifying duties of the State Board
  274         of Community Colleges regarding funds for the
  275         operation of workforce education programs and the
  276         Workforce Development Capitalization Incentive Grant
  277         Program; amending ss. 1011.81, 1011.82, 1011.83,
  278         1011.84, and 1011.85, F.S.; conforming provisions to
  279         changes made by the act; amending s. 1012.01, F.S.;
  280         redefining the term “school officers”; amending ss.
  281         1012.80, 1012.81, 1012.83, 1012.855, and 1012.86,
  282         F.S.; conforming provisions to changes made by the
  283         act; amending s. 1013.01, F.S.; providing that the
  284         term “board” does not include the State Board of
  285         Community Colleges when used in the context of certain
  286         educational facilities provisions; amending ss.
  287         1013.02 and 1013.03, F.S.; requiring the State Board
  288         of Community Colleges to adopt rules for and provide
  289         functions relating to educational facilities; amending
  290         s. 1013.28, F.S.; authorizing Florida Community
  291         College System institution boards of trustees to
  292         dispose of land or real property subject to rules of
  293         the State Board of Community Colleges; amending s.
  294         1013.31, F.S.; specifying the role of the State Board
  295         of Community Colleges in educational plant surveys for
  296         Florida Community College System institutions;
  297         amending ss. 1013.36, 1013.37, and 1013.40, F.S.;
  298         conforming provisions to changes made by the act;
  299         amending s. 1013.47, F.S.; providing that certain
  300         contractors are subject to rules of the State Board of
  301         Community Colleges; amending s. 1013.52, F.S.;
  302         specifying duties of the State Board of Community
  303         Colleges with regard to the cooperative development
  304         and joint use of facilities; amending s. 1013.65,
  305         F.S.; requiring the State Board of Community Colleges
  306         to be provided with copies of authorized allocations
  307         or reallocations for the Public Education Capital
  308         Outlay and Debt Service Trust Fund; requiring the
  309         Board of Governors and the State Board of Community
  310         Colleges to submit a report to the Governor and the
  311         Legislature by a specified date; providing a directive
  312         to the Division of Law Revision and Information;
  313         amending s. 1001.66, F.S.; revising requirements for
  314         the performance-based metrics used to award Florida
  315         Community College System institutions with
  316         performance-based incentives; amending s. 1001.67,
  317         F.S.; revising the Distinguished Florida Community
  318         College System Institution Program excellence
  319         standards requirements; amending s. 1001.706, F.S.;
  320         requiring state universities to use gap analyses to
  321         identify internship opportunities in high-demand
  322         fields; amending s. 1001.7065, F.S.; revising the
  323         preeminent state research universities program
  324         graduation rate requirements and funding
  325         distributions; deleting the authority for such
  326         universities to stipulate a special course requirement
  327         for incoming students; requiring the Board of
  328         Governors to establish certain standards by a
  329         specified date; amending s. 1001.92, F.S.; requiring
  330         certain performance-based metrics to include specified
  331         graduation rates and access benchmarks; creating s.
  332         1004.6497, F.S.; establishing the World Class Faculty
  333         and Scholar Program; providing the purpose and intent
  334         of the program; authorizing investments in certain
  335         faculty retention, recruitment, and recognition
  336         activities; specifying funding as provided in the
  337         General Appropriations Act; requiring the funds to be
  338         used only for authorized purposes and investments;
  339         requiring the Board of Governors to submit an annual
  340         report to the Governor and the Legislature by a
  341         specified date; creating s. 1004.6498, F.S.;
  342         establishing the State University Professional and
  343         Graduate Degree Excellence Program; providing the
  344         purpose of the program; listing the quality
  345         improvement efforts that may be used to elevate the
  346         prominence of state university medicine, law, and
  347         graduate-level business programs; specifying funding
  348         as provided in the General Appropriations Act;
  349         requiring the funds to be used only for authorized
  350         purposes and investments; requiring the Board of
  351         Governors to submit an annual report to the Governor
  352         and the Legislature by a specified date; amending s.
  353         1007.27, F.S.; requiring school districts to notify
  354         students about certain lists and equivalencies;
  355         amending s. 1008.30, F.S.; providing that certain
  356         state universities may continue to provide
  357         developmental education instruction; amending ss.
  358         1009.22 and 1009.23, F.S.; revising the prohibition on
  359         the inclusion of a technology fee in the Florida
  360         Bright Futures Scholarship Program award; amending s.
  361         1009.24, F.S.; revising the prohibition on the
  362         inclusion of a technology fee in the Florida Bright
  363         Futures Scholarship Program award; requiring each
  364         state university board of trustees to implement a
  365         block tuition policy for specified undergraduate
  366         students or undergraduate-level courses by a specified
  367         time; requiring the Chancellor of the State University
  368         System to submit a report to the Governor and the
  369         Legislature by a specified date; revising the
  370         conditions for differential tuition; amending s.
  371         1009.53, F.S.; authorizing a student to use funds
  372         appropriated in the General Appropriations Act for
  373         summer term enrollment for Florida Academic Scholars
  374         awards; amending s. 1009.534, F.S.; specifying Florida
  375         Academic Scholars award amounts to cover tuition,
  376         fees, textbooks, and other college-related expenses;
  377         amending s. 1009.701, F.S.; revising the state-to
  378         private match requirement for contributions to the
  379         First Generation Matching Grant Program; amending s.
  380         1009.89, F.S.; renaming the Florida Resident Access
  381         Grant Program; amending s. 1009.893, F.S.; extending
  382         coverage of Benacquisto Scholarships to include
  383         tuition and fees for qualified nonresident students;
  384         creating s. 1009.894, F.S.; creating the Florida
  385         Farmworker Student Scholarship Program; providing a
  386         purpose; requiring the Department of Education to
  387         administer the scholarship program; providing initial
  388         and renewal scholarship student eligibility criteria;
  389         specifying award amounts and distributions; requiring
  390         the department to issue the awards annually; requiring
  391         institutions to certify certain information and remit
  392         any remaining funds to the department by a specified
  393         timeframe; requiring the department to maintain
  394         program data; providing for funding as specified in
  395         the General Appropriations Act; amending s. 1009.98,
  396         F.S.; providing that certain payments from the Florida
  397         Prepaid College Board to a state university on behalf
  398         of a qualified beneficiary may not exceed a specified
  399         amount; amending s. 1013.79, F.S.; revising the intent
  400         of the Alec P. Courtelis University Facility
  401         Enhancement Challenge Grant Program; deleting the Alec
  402         P. Courtelis Capital Facilities Matching Trust Fund;
  403         authorizing the Legislature to prioritize certain
  404         funds for the 2017-2018 fiscal year; amending s.
  405         267.062, F.S.; conforming a cross-reference; providing
  406         a directive to the Division of Law Revision and
  407         Information; providing effective dates.
  408          
  409  Be It Enacted by the Legislature of the State of Florida:
  410  
  411         Section 1. This act may be cited as the “College
  412  Competitiveness Act of 2017.”
  413         Section 2. Effective July 1, 2017, section 1001.6001,
  414  Florida Statutes, is created to read:
  415         1001.6001 Florida Community College System governance.—
  416         (1)The Florida College System, established in s. 1001.60,
  417  is renamed as the Florida Community College System.
  418         (2) The State Board of Community Colleges is created
  419  pursuant to s. 20.156 to oversee and coordinate the Florida
  420  Community College System. The Governor shall appoint the
  421  membership of the State Board of Community Colleges, subject to
  422  confirmation by the Senate, in time for the members to convene
  423  for the board’s organizational meeting pursuant to s. 20.156(5).
  424         (3) The Division of Florida Colleges shall provide
  425  administrative support to the State Board of Community Colleges
  426  until September 30, 2017.
  427         (4) On October 1, 2017, all powers, duties, functions,
  428  records, offices, personnel, property, pending issues and
  429  existing contracts, administrative authority, administrative
  430  rules, and unexpended balances of appropriations, allocations,
  431  and other funds related to the Florida College System and the
  432  Division of Florida Colleges are transferred by a type two
  433  transfer, as defined in s. 20.06(2), from the State Board of
  434  Education to the State Board of Community Colleges.
  435         (5) The State Board of Community Colleges shall appoint a
  436  Chancellor of the Florida Community College System by November
  437  1, 2017, to aid the board in the implementation of its
  438  responsibilities.
  439         (6) Any State Board of Education approval, policy,
  440  guidance, and appointment in effect on October 1, 2017, remain
  441  effective unless acted upon by the State Board of Community
  442  Colleges.
  443         Section 3. Subsections (3) and (8) of section 20.15,
  444  Florida Statutes, are amended to read:
  445         20.15 Department of Education.—There is created a
  446  Department of Education.
  447         (3) DIVISIONS.—The following divisions of the Department of
  448  Education are established:
  449         (a)Division of Florida Colleges.
  450         (a)(b) Division of Public Schools.
  451         (b)(c) Division of Career and Adult Education.
  452         (c)(d) Division of Vocational Rehabilitation.
  453         (d)(e) Division of Blind Services.
  454         (e)(f) Division of Accountability, Research, and
  455  Measurement.
  456         (f)(g) Division of Finance and Operations.
  457         (g)(h) Office of K-20 Articulation.
  458         (h)(i) The Office of Independent Education and Parental
  459  Choice, which must include the following offices:
  460         1. The Office of Early Learning, which shall be
  461  administered by an executive director who is fully accountable
  462  to the Commissioner of Education. The executive director shall,
  463  pursuant to s. 1001.213, administer the early learning programs,
  464  including the school readiness program and the Voluntary
  465  Prekindergarten Education Program at the state level.
  466         2. The Office of K-12 School Choice, which shall be
  467  administered by an executive director who is fully accountable
  468  to the Commissioner of Education.
  469         (8) SUPPORT SERVICES.—The Department of Education shall
  470  continue to provide support to the Board of Governors of the
  471  State University System and to the State Board of Community
  472  Colleges of the Florida Community College System. At a minimum,
  473  support services provided to the Board of Governors and the
  474  State Board of Community Colleges shall include accounting,
  475  printing, computer and Internet support, personnel and human
  476  resources support, support for accountability initiatives, and
  477  administrative support as needed for trust funds under the
  478  jurisdiction of the Board of Governors and the State Board of
  479  Community Colleges.
  480         Section 4. Effective July 1, 2017, section 20.156, Florida
  481  Statutes, is created to read:
  482         20.156 State Board of Community Colleges.—
  483         (1) GENERAL PROVISIONS.—The State Board of Community
  484  Colleges is created. For the purposes of s. 6, Art. IV of the
  485  State Constitution, the state board shall be assigned to and
  486  administratively housed within the Department of Education.
  487  However, the state board shall independently exercise the powers
  488  and duties in s. 1001.602; is a separate budget program; and is
  489  not subject to control, supervision, or direction by the
  490  department. For purposes of this section, the State Board of
  491  Community Colleges is referred to as the “state board.”
  492         (2) HEAD OF THE FLORIDA COMMUNITY COLLEGE SYSTEM.—The state
  493  board is the head of the Florida Community College System. The
  494  Governor shall appoint the board members, subject to
  495  confirmation by the Senate.
  496         (3) PERSONNEL.—The state board shall appoint a Chancellor
  497  of the Florida Community College System by November 1, 2017, to
  498  aid in carrying out the state board’s duties. The chancellor is
  499  the chief executive officer and secretary to the state board and
  500  directs the activities of the staff of the state board. The
  501  Chancellor of the Division of Florida Colleges shall serve as
  502  the Chancellor of the Florida Community College System until the
  503  state board selects a chancellor.
  504         (4) POWERS AND DUTIES.—Effective October 1, 2017, the state
  505  board shall regulate, control, and be responsible for the
  506  management of the Florida Community College System.
  507         (5) ORGANIZATION.—The state board shall, by September 30,
  508  2017, conduct an organizational meeting to adopt bylaws, elect a
  509  chair and vice chair from the membership, and fix dates and
  510  places for regular meetings.
  511         Section 5. Subsection (18) is added to section 112.313,
  512  Florida Statutes, to read:
  513         112.313 Standards of conduct for public officers, employees
  514  of agencies, and local government attorneys.—
  515         (18) STATE BOARD OF COMMUNITY COLLEGES AND BOARDS OF
  516  TRUSTEES.—A citizen member of the State Board of Community
  517  Colleges or a citizen member of a Florida Community College
  518  System institution board of trustees may not have or hold an
  519  employment or contractual relationship as a legislative lobbyist
  520  requiring annual registration and reporting pursuant to s.
  521  11.045.
  522         Section 6. Paragraph (c) of subsection (1) of section
  523  112.3145, Florida Statutes, is amended to read:
  524         112.3145 Disclosure of financial interests and clients
  525  represented before agencies.—
  526         (1) For purposes of this section, unless the context
  527  otherwise requires, the term:
  528         (c) “State officer” means:
  529         1. Any elected public officer, excluding those elected to
  530  the United States Senate and House of Representatives, not
  531  covered elsewhere in this part and any person who is appointed
  532  to fill a vacancy for an unexpired term in such an elective
  533  office.
  534         2. An appointed member of each board, commission,
  535  authority, or council having statewide jurisdiction, excluding a
  536  member of an advisory body.
  537         3. A member of the Board of Governors of the State
  538  University System or a state university board of trustees, the
  539  Chancellor and Vice Chancellors of the State University System,
  540  and the president of a state university; or a member of the
  541  State Board of Community Colleges and the Chancellor of the
  542  Florida Community College System.
  543         4. A member of the judicial nominating commission for any
  544  district court of appeal or any judicial circuit.
  545         Section 7. Subsections (2) and (4) of section 1000.03,
  546  Florida Statutes, are amended to read:
  547         1000.03 Function, mission, and goals of the Florida K-20
  548  education system.—
  549         (2)(a) The Legislature shall establish education policy,
  550  enact education laws, and appropriate and allocate education
  551  resources.
  552         (b) With the exception of matters relating to the State
  553  University System and the Florida Community College System, the
  554  State Board of Education shall oversee the enforcement of all
  555  laws and rules, and the timely provision of direction,
  556  resources, assistance, intervention when needed, and strong
  557  incentives and disincentives to force accountability for
  558  results.
  559         (c) The Board of Governors shall oversee the enforcement of
  560  all state university laws and rules and regulations and the
  561  timely provision of direction, resources, assistance,
  562  intervention when needed, and strong incentives and
  563  disincentives to force accountability for results.
  564         (d) The State Board of Community Colleges shall oversee the
  565  enforcement of all Florida Community College System laws and
  566  rules and the timely provision of direction, resources,
  567  assistance, intervention when needed, and strong incentives and
  568  disincentives to force accountability for results.
  569         (4) The mission of Florida’s K-20 education system is to
  570  allow its students to increase their proficiency by allowing
  571  them the opportunity to expand their knowledge and skills
  572  through rigorous and relevant learning opportunities, in
  573  accordance with the mission of the applicable career center or
  574  system statement and the accountability requirements of s.
  575  1008.31, and to avoid wasteful duplication of programs offered
  576  by state universities, Florida Community College System
  577  institutions, and career centers and charter technical career
  578  centers that are operated by a district school board or a
  579  Florida Community College System institution board of trustees.
  580         Section 8. Paragraph (d) of subsection (3) and subsections
  581  (5) and (6) of section 1000.05, Florida Statutes, are amended to
  582  read:
  583         1000.05 Discrimination against students and employees in
  584  the Florida K-20 public education system prohibited; equality of
  585  access required.—
  586         (3)
  587         (d) A public K-20 educational institution which operates or
  588  sponsors interscholastic, intercollegiate, club, or intramural
  589  athletics shall provide equal athletic opportunity for members
  590  of both genders.
  591         1. The Board of Governors shall determine whether equal
  592  opportunities are available at state universities.
  593         2. The Commissioner of Education, for school districts, and
  594  the Chancellor of the Florida Community College System, for
  595  Florida Community College System institutions, shall determine
  596  whether equal opportunities are available in school districts
  597  and Florida Community College System institutions. In
  598  determining whether equal opportunities are available in school
  599  districts and Florida Community College System institutions, the
  600  Commissioner of Education and the Chancellor of the Florida
  601  Community College System shall consider, among other factors:
  602         a. Whether the selection of sports and levels of
  603  competition effectively accommodate the interests and abilities
  604  of members of both genders.
  605         b. The provision of equipment and supplies.
  606         c. Scheduling of games and practice times.
  607         d. Travel and per diem allowances.
  608         e. Opportunities to receive coaching and academic tutoring.
  609         f. Assignment and compensation of coaches and tutors.
  610         g. Provision of locker room, practice, and competitive
  611  facilities.
  612         h. Provision of medical and training facilities and
  613  services.
  614         i. Provision of housing and dining facilities and services.
  615         j. Publicity.
  616  
  617  Unequal aggregate expenditures for members of each gender or
  618  unequal expenditures for male and female teams if a public
  619  school or Florida Community College System institution operates
  620  or sponsors separate teams do not constitute nonimplementation
  621  of this subsection, but the Commissioner of Education shall
  622  consider the failure to provide necessary funds for teams for
  623  one gender in assessing equality of opportunity for members of
  624  each gender.
  625         (5)(a) The State Board of Education shall adopt rules to
  626  implement this section as it relates to school districts and
  627  Florida College System institutions.
  628         (b) The Board of Governors shall adopt regulations to
  629  implement this section as it relates to state universities.
  630         (c) The State Board of Community Colleges shall adopt rules
  631  to implement this section as it relates to Florida Community
  632  College System institutions.
  633         (6) The functions of the State Board of Community Colleges
  634  for Florida Community College System institutions and the Office
  635  of Equal Educational Opportunity of the Department of Education
  636  shall include, but are not limited to:
  637         (a) Requiring all district school boards and Florida
  638  Community College System institution boards of trustees to
  639  develop and submit plans for the implementation of this section
  640  to the Department of Education.
  641         (b) Conducting periodic reviews of school districts and
  642  Florida Community College System institutions to determine
  643  compliance with this section and, after a finding that a school
  644  district or a Florida Community College System institution is
  645  not in compliance with this section, notifying the entity of the
  646  steps that it must take to attain compliance and performing
  647  followup monitoring.
  648         (c) Providing technical assistance, including assisting
  649  school districts or Florida Community College System
  650  institutions in identifying unlawful discrimination and
  651  instructing them in remedies for correction and prevention of
  652  such discrimination and performing followup monitoring.
  653         (d) Conducting studies of the effectiveness of methods and
  654  strategies designed to increase the participation of students in
  655  programs and courses in which students of a particular race,
  656  ethnicity, national origin, gender, disability, or marital
  657  status have been traditionally underrepresented and monitoring
  658  the success of students in such programs or courses, including
  659  performing followup monitoring.
  660         (e) Requiring all district school boards and Florida
  661  Community College System institution boards of trustees to
  662  submit data and information necessary to determine compliance
  663  with this section. The Commissioner of Education, for school
  664  districts, and the Chancellor of the Florida Community College
  665  System, for Florida Community College System institutions, shall
  666  prescribe the format and the date for submission of such data
  667  and any other educational equity data. If any board does not
  668  submit the required compliance data or other required
  669  educational equity data by the prescribed date, the commissioner
  670  shall notify the board of this fact and, if the board does not
  671  take appropriate action to immediately submit the required
  672  report, the State Board of Education shall impose monetary
  673  sanctions.
  674         (f) Based upon rules of the State Board of Education, for
  675  school districts, and the State Board of Community Colleges, for
  676  Florida Community College System institutions, developing and
  677  implementing enforcement mechanisms with appropriate penalties
  678  to ensure that public K-12 schools and Florida Community College
  679  System institutions comply with Title IX of the Education
  680  Amendments of 1972 and subsection (3) of this section. However,
  681  the State Board of Education may not force a public school or
  682  Florida Community College System institution to conduct, nor
  683  penalize such entity for not conducting, a program of athletic
  684  activity or athletic scholarship for female athletes unless it
  685  is an athletic activity approved for women by a recognized
  686  association whose purpose is to promote athletics and a
  687  conference or league exists to promote interscholastic or
  688  intercollegiate competition for women in that athletic activity.
  689         (g) Reporting to the Commissioner of Education, for school
  690  districts, or to the Chancellor of the Florida Community College
  691  System, for Florida Community College System institutions, any
  692  district school board or Florida Community College System
  693  institution board of trustees found to be out of compliance with
  694  rules of the State Board of Education or the State Board of
  695  Community Colleges adopted as required by paragraph (f) or
  696  paragraph (3)(d). To penalize the respective board, the State
  697  Board of Education or the State Board of Community Colleges, as
  698  applicable, shall:
  699         1. Declare the school district or Florida Community College
  700  System institution ineligible for competitive state grants.
  701         2. Notwithstanding the provisions of s. 216.192, direct the
  702  Chief Financial Officer to withhold general revenue funds
  703  sufficient to obtain compliance from the school district or
  704  Florida Community College System institution.
  705  
  706  The school district or Florida Community College System
  707  institution shall remain ineligible and the funds may shall not
  708  be paid until the institution comes into compliance or the State
  709  Board of Education or the State Board of Community Colleges, as
  710  applicable, approves a plan for compliance.
  711         Section 9. Section 1001.02, Florida Statutes, is amended to
  712  read:
  713         1001.02 General powers of State Board of Education.—
  714         (1) The State Board of Education is the chief implementing
  715  and coordinating body of public education in Florida except for
  716  the State University System and the Florida Community College
  717  System, and it shall focus on high-level policy decisions. It
  718  has authority to adopt rules pursuant to ss. 120.536(1) and
  719  120.54 to implement the provisions of law conferring duties upon
  720  it for the improvement of the state system of K-20 public
  721  education except for the State University System and the Florida
  722  Community College System. Except as otherwise provided herein,
  723  it may, as it finds appropriate, delegate its general powers to
  724  the Commissioner of Education or the directors of the divisions
  725  of the department.
  726         (2) The State Board of Education has the following duties:
  727         (a) To adopt comprehensive educational objectives for
  728  public education except for the State University System and the
  729  Florida Community College System.
  730         (b) To adopt comprehensive long-range plans and short-range
  731  programs for the development of the state system of public
  732  education except for the State University System and the Florida
  733  Community College System.
  734         (c) To exercise general supervision over the divisions of
  735  the Department of Education as necessary to ensure coordination
  736  of educational plans and programs and resolve controversies and
  737  to minimize problems of articulation and student transfers, to
  738  ensure that students moving from one level of education to the
  739  next have acquired competencies necessary for satisfactory
  740  performance at that level, and to ensure maximum utilization of
  741  facilities.
  742         (d) To adopt, in consultation with the Board of Governors
  743  and the State Board of Community Colleges, and from time to time
  744  modify, minimum and uniform standards of college-level
  745  communication and computation skills generally associated with
  746  successful performance and progression through the baccalaureate
  747  level and to identify college-preparatory high school coursework
  748  and postsecondary-level coursework that prepares students with
  749  the academic skills necessary to succeed in postsecondary
  750  education.
  751         (e) To adopt and submit to the Governor and Legislature, as
  752  provided in s. 216.023, a coordinated K-20 education budget that
  753  estimates the expenditure requirements for the Board of
  754  Governors, as provided in s. 1001.706, the State Board of
  755  Education, including the Department of Education and the
  756  Commissioner of Education, and all of the boards, institutions,
  757  agencies, and services under the general supervision of the
  758  Board of Governors, as provided in s. 1001.706, the State Board
  759  of Community Colleges, as provided in s. 1001.602, or the State
  760  Board of Education for the ensuing fiscal year. The State Board
  761  of Education may not amend the budget request submitted by the
  762  Board of Governors or the State Board of Community Colleges. Any
  763  program recommended by the Board of Governors, the State Board
  764  of Community Colleges, or the State Board of Education which
  765  will require increases in state funding for more than 1 year
  766  must be presented in a multiyear budget plan.
  767         (f) To hold meetings, transact business, keep records,
  768  adopt a seal, and, except as otherwise provided by law, perform
  769  such other duties as may be necessary for the enforcement of
  770  laws and rules relating to the state system of public education.
  771         (g) To approve plans for cooperating with the Federal
  772  Government.
  773         (h) To approve plans for cooperating with other public
  774  agencies in the development of rules and in the enforcement of
  775  laws for which the state board and such agencies are jointly
  776  responsible.
  777         (i) To review plans for cooperating with appropriate
  778  nonpublic agencies for the improvement of conditions relating to
  779  the welfare of schools.
  780         (j) To create such subordinate advisory bodies as are
  781  required by law or as it finds necessary for the improvement of
  782  education.
  783         (k) To constitute any education bodies or other structures
  784  as required by federal law.
  785         (l) To assist in the economic development of the state by
  786  developing a state-level planning process to identify future
  787  training needs for industry, especially high-technology
  788  industry.
  789         (m) To assist in the planning and economic development of
  790  the state by establishing a clearinghouse for information on
  791  educational programs of value to economic development.
  792         (n) To adopt cohesive rules pursuant to ss. 120.536(1) and
  793  120.54, within statutory authority.
  794         (o) To authorize the allocation of resources in accordance
  795  with law and rule.
  796         (p) To contract with independent institutions accredited by
  797  an agency whose standards are comparable to the minimum
  798  standards required to operate a postsecondary career center
  799  educational institution at that level in the state. The purpose
  800  of the contract is to provide those educational programs and
  801  facilities which will meet needs unfulfilled by the state system
  802  of public postsecondary education.
  803         (q) To recommend that a district school board take action
  804  consistent with the state board’s decision relating to an appeal
  805  of a charter school application.
  806         (r) To enforce systemwide education goals and policies
  807  except as otherwise provided by law.
  808         (s) To establish a detailed procedure for the
  809  implementation and operation of a systemwide K-20 technology
  810  plan that is based on a common set of data definitions.
  811         (t) To establish accountability standards for existing
  812  legislative performance goals, standards, and measures, and
  813  order the development of mechanisms to implement new legislative
  814  goals, standards, and measures.
  815         (u) To adopt criteria and implementation plans for future
  816  growth issues, such as new Florida College System institutions
  817  and Florida College System institution campus mergers, and to
  818  provide for cooperative agreements between and within public and
  819  private education sectors.
  820         (v) To develop, in conjunction with the Board of Governors
  821  and the State Board of Community Colleges, and periodically
  822  review for adjustment, a coordinated 5-year plan for
  823  postsecondary enrollment, identifying enrollment and graduation
  824  expectations by baccalaureate degree program, and annually
  825  submit the plan to the Legislature as part of its legislative
  826  budget request.
  827         (w) Beginning in the 2014-2015 academic year and annually
  828  thereafter, to require each Florida College System institution
  829  prior to registration to provide each enrolled student
  830  electronic access to the economic security report of employment
  831  and earning outcomes prepared by the Department of Economic
  832  Opportunity pursuant to s. 445.07.
  833         (3)(a) The State Board of Education shall adopt a strategic
  834  plan that specifies goals and objectives for the state’s public
  835  schools and Florida College System institutions. The plan shall
  836  be formulated in conjunction with plans of the Board of
  837  Governors and the State Board of Community Colleges in order to
  838  provide for the roles of the universities and Florida Community
  839  College System institutions to be coordinated to best meet state
  840  needs and reflect cost-effective use of state resources. The
  841  strategic plan must clarify the mission statements of each
  842  Florida Community College System institution and the system as a
  843  whole and identify degree programs, including baccalaureate
  844  degree programs, to be offered at each Florida Community College
  845  System institution in accordance with the objectives provided in
  846  this subsection and the coordinated 5-year plan pursuant to
  847  paragraph (2)(v). The strategic plan must cover a period of 5
  848  years, with modification of the program lists after 2 years.
  849  Development of each 5-year plan must be coordinated with and
  850  initiated after completion of the master plan. The strategic
  851  plans must specifically include programs and procedures for
  852  responding to the educational needs of teachers and students in
  853  the public schools of this state and consider reports and
  854  recommendations of the Higher Education Coordinating Council
  855  pursuant to s. 1004.015 and the Articulation Coordinating
  856  Committee pursuant to s. 1007.01. The state board shall submit a
  857  report to the President of the Senate and the Speaker of the
  858  House of Representatives upon modification of the plan and as
  859  part of its legislative budget request.
  860         (b) The State Board of Education, and the Board of
  861  Governors, and the State Board of Community Colleges shall
  862  jointly develop long-range plans and annual reports for
  863  financial aid in this state. The long-range plans shall
  864  establish goals and objectives for a comprehensive program of
  865  financial aid for Florida students and shall be updated every 5
  866  years. The annual report shall include programs administered by
  867  the department as well as awards made from financial aid fee
  868  revenues, any other funds appropriated by the Legislature for
  869  financial assistance, and the value of tuition and fees waived
  870  for students enrolled in a dual enrollment course at a public
  871  postsecondary educational institution. The annual report shall
  872  include an assessment of progress made in achieving goals and
  873  objectives established in the long-range plans and
  874  recommendations for repealing or modifying existing financial
  875  aid programs or establishing new programs. A long-range plan
  876  shall be submitted by January 1, 2004, and every 5 years
  877  thereafter. An annual report shall be submitted on January 1,
  878  2004, and in each successive year that a long-range plan is not
  879  submitted, to the President of the Senate and the Speaker of the
  880  House of Representatives.
  881         (4) The State Board of Education shall:
  882         (a) Provide for each Florida College System institution to
  883  offer educational training and service programs designed to meet
  884  the needs of both students and the communities served.
  885         (b) Specify, by rule, procedures to be used by the Florida
  886  College System institution boards of trustees in the annual
  887  evaluations of presidents and review the evaluations of
  888  presidents by the boards of trustees, including the extent to
  889  which presidents serve both institutional and system goals.
  890         (c) Establish, in conjunction with the Board of Governors,
  891  an effective information system that will provide composite data
  892  concerning the Florida College System institutions and state
  893  universities and ensure that special analyses and studies
  894  concerning the institutions are conducted, as necessary, for
  895  provision of accurate and cost-effective information concerning
  896  the institutions.
  897         (d) Establish criteria for making recommendations for
  898  modifying district boundary lines for Florida College System
  899  institutions, including criteria for service delivery areas of
  900  Florida College System institutions authorized to grant
  901  baccalaureate degrees.
  902         (e) Establish criteria for making recommendations
  903  concerning all proposals for the establishment of additional
  904  centers or campuses for Florida College System institutions.
  905         (f) Examine the annual administrative review of each
  906  Florida College System institution.
  907         (g) adopt and submit to the Legislature a 3-year list of
  908  priorities for fixed-capital-outlay projects. The State Board of
  909  Education may not amend the 3-year list of priorities of the
  910  Board of Governors or the State Board of Community Colleges.
  911         (5) The State Board of Education is responsible for
  912  reviewing and administering the state program of support for the
  913  Florida College System institutions and, subject to existing
  914  law, shall establish the tuition and out-of-state fees for
  915  developmental education and for credit instruction that may be
  916  counted toward an associate in arts degree, an associate in
  917  applied science degree, or an associate in science degree.
  918         (6) The State Board of Education shall prescribe minimum
  919  standards, definitions, and guidelines for Florida College
  920  System institutions that will ensure the quality of education,
  921  coordination among the Florida College System institutions and
  922  state universities, and efficient progress toward accomplishing
  923  the Florida College System institution mission. At a minimum,
  924  these rules must address:
  925         (a) Personnel.
  926         (b) Contracting.
  927         (c) Program offerings and classification, including
  928  college-level communication and computation skills associated
  929  with successful performance in college and with tests and other
  930  assessment procedures that measure student achievement of those
  931  skills. The performance measures must provide that students
  932  moving from one level of education to the next acquire the
  933  necessary competencies for that level.
  934         (d) Provisions for curriculum development, graduation
  935  requirements, college calendars, and program service areas.
  936  These provisions must include rules that:
  937         1. Provide for the award of an associate in arts degree to
  938  a student who successfully completes 60 semester credit hours at
  939  the Florida College System institution.
  940         2. Require all of the credits accepted for the associate in
  941  arts degree to be in the statewide course numbering system as
  942  credits toward a baccalaureate degree offered by a state
  943  university or a Florida College System institution.
  944         3. Require no more than 36 semester credit hours in general
  945  education courses in the subject areas of communication,
  946  mathematics, social sciences, humanities, and natural sciences.
  947  
  948  The rules should encourage Florida College System institutions
  949  to enter into agreements with state universities that allow
  950  Florida College System institution students to complete upper
  951  division-level courses at a Florida College System institution.
  952  An agreement may provide for concurrent enrollment at the
  953  Florida College System institution and the state university and
  954  may authorize the Florida College System institution to offer an
  955  upper-division-level course or distance learning.
  956         (e) Student admissions, conduct and discipline,
  957  nonclassroom activities, and fees.
  958         (f) Budgeting.
  959         (g) Business and financial matters.
  960         (h) Student services.
  961         (i) Reports, surveys, and information systems, including
  962  forms and dates of submission.
  963         Section 10. Subsections (7) through (17) of section
  964  1001.03, Florida Statutes, are amended to read:
  965         1001.03 Specific powers of State Board of Education.—
  966         (7) ARTICULATION ACCOUNTABILITY.—The State Board of
  967  Education shall develop articulation accountability measures
  968  that assess the status of systemwide articulation processes, in
  969  conjunction with the Board of Governors regarding the State
  970  University System and the State Board of Community Colleges
  971  regarding the Florida Community College System, and shall
  972  establish an articulation accountability process in accordance
  973  with the provisions of chapter 1008, in conjunction with the
  974  Board of Governors regarding the State University System and the
  975  State Board of Community Colleges regarding the Florida
  976  Community College System.
  977         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
  978  shall enforce compliance with law and state board rule by all
  979  school districts and public postsecondary educational
  980  institutions, except for institutions within the State
  981  University System and the Florida Community College System, in
  982  accordance with the provisions of s. 1008.32.
  983         (9) MANAGEMENT INFORMATION DATABASES.—The State Board of
  984  Education, in conjunction with the Board of Governors regarding
  985  the State University System and the State Board of Community
  986  Colleges regarding the Florida Community College System, shall
  987  continue to collect and maintain, at a minimum, the management
  988  information databases for state universities, community
  989  colleges, and all other components of the public K-20 education
  990  system as such databases existed on June 30, 2002.
  991         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
  992  EDUCATION.—The State Board of Education, in conjunction with the
  993  Board of Governors, shall develop and implement a common
  994  placement test to assess the basic computation and communication
  995  skills of students who intend to enter a degree program at any
  996  Florida College System institution or state university.
  997         (10)(11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
  998  EDUCATION.—The State Board of Education shall adopt minimum
  999  standards relating to nonpublic postsecondary education and
 1000  institutions, in accordance with the provisions of chapter 1005.
 1001         (12) COMMON POSTSECONDARY DEFINITIONS.—The State Board of
 1002  Education shall adopt, by rule, common definitions for associate
 1003  in science degrees and for certificates.
 1004         (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.—The
 1005  State Board of Education shall provide for the cyclic review of
 1006  all academic programs in Florida College System institutions at
 1007  least every 7 years. Program reviews shall document how
 1008  individual academic programs are achieving stated student
 1009  learning and program objectives within the context of the
 1010  institution’s mission. The results of the program reviews shall
 1011  inform strategic planning, program development, and budgeting
 1012  decisions at the institutional level.
 1013         (11)(14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
 1014  ADMINISTRATIVE AND MANAGEMENT PERSONNEL.—The State Board of
 1015  Education shall maintain a uniform classification system for
 1016  school district administrative and management personnel that
 1017  will facilitate the uniform coding of administrative and
 1018  management personnel to total district employees.
 1019         (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
 1020  DEGREE PROGRAMS.—The State Board of Education shall provide for
 1021  the review and approval of proposals by Florida College System
 1022  institutions to offer baccalaureate degree programs pursuant to
 1023  s. 1007.33. A Florida College System institution, as defined in
 1024  s. 1000.21, that is approved to offer baccalaureate degrees
 1025  pursuant to s. 1007.33 remains under the authority of the State
 1026  Board of Education and the Florida College System institution’s
 1027  board of trustees. The State Board of Education may not approve
 1028  Florida College System institution baccalaureate degree program
 1029  proposals from March 31, 2014, through May 31, 2015.
 1030         (16) PLAN SPECIFYING GOALS AND OBJECTIVES.—By July 1, 2013,
 1031  the State Board of Education shall identify performance metrics
 1032  for the Florida College System and develop a plan that specifies
 1033  goals and objectives for each Florida College System
 1034  institution. The plan must include:
 1035         (a) Performance metrics and standards common for all
 1036  institutions and metrics and standards unique to institutions
 1037  depending on institutional core missions, including, but not
 1038  limited to, remediation success, retention, graduation,
 1039  employment, transfer rates, licensure passage, excess hours,
 1040  student loan burden and default rates, job placement, faculty
 1041  awards, and highly respected rankings for institution and
 1042  program achievements.
 1043         (b) Student enrollment and performance data delineated by
 1044  method of instruction, including, but not limited to,
 1045  traditional, online, and distance learning instruction.
 1046         (12)(17) UNIFIED STATE PLAN FOR SCIENCE, TECHNOLOGY,
 1047  ENGINEERING, AND MATHEMATICS (STEM).—The State Board of
 1048  Education, in consultation with the Board of Governors, the
 1049  State Board of Community Colleges, and the Department of
 1050  Economic Opportunity, shall adopt a unified state plan to
 1051  improve K-20 STEM education and prepare students for high-skill,
 1052  high-wage, and high-demand employment in STEM and STEM-related
 1053  fields.
 1054         Section 11. Subsection (1), paragraphs (g) and (j) of
 1055  subsection (6), and subsection (7) of section 1001.10, Florida
 1056  Statutes, are amended to read:
 1057         1001.10 Commissioner of Education; general powers and
 1058  duties.—
 1059         (1) The Commissioner of Education is the chief educational
 1060  officer of the state and the sole custodian of the K-20 data
 1061  warehouse, and is responsible for giving full assistance to the
 1062  State Board of Education in enforcing compliance with the
 1063  mission and goals of the K-20 education system except for the
 1064  State University System and the Florida Community College
 1065  System.
 1066         (6) Additionally, the commissioner has the following
 1067  general powers and duties:
 1068         (g) To submit to the State Board of Education, on or before
 1069  October 1 of each year, recommendations for a coordinated K-20
 1070  education budget that estimates the expenditures for the Board
 1071  of Governors, the State Board of Community Colleges, the State
 1072  Board of Education, including the Department of Education and
 1073  the Commissioner of Education, and all of the boards,
 1074  institutions, agencies, and services under the general
 1075  supervision of the Board of Governors, the State Board of
 1076  Community Colleges, or the State Board of Education for the
 1077  ensuing fiscal year. Any program recommended to the State Board
 1078  of Education that will require increases in state funding for
 1079  more than 1 year must be presented in a multiyear budget plan.
 1080         (j) To implement a program of school improvement and
 1081  education accountability designed to provide all students the
 1082  opportunity to make adequate learning gains in each year of
 1083  school as provided by statute and State Board of Education rule
 1084  based upon the achievement of the state education goals,
 1085  recognizing the following:
 1086         1. The district school board is responsible for school and
 1087  student performance.
 1088         2. The individual school is the unit for education
 1089  accountability.
 1090         3. The Florida College System institution board of trustees
 1091  is responsible for Florida College System institution
 1092  performance and student performance.
 1093         (7) The commissioner, or the commissioner’s designee, may
 1094  conduct a review or investigation of practices, procedures, or
 1095  actions at any Florida College System institution which appear
 1096  to be inconsistent with sound financial, management, or academic
 1097  practice.
 1098         Section 12. Paragraphs (c) through (f) of subsection (1)
 1099  and subsection (3) of section 1001.11, Florida Statutes, are
 1100  amended to read:
 1101         1001.11 Commissioner of Education; other duties.—
 1102         (1) The Commissioner of Education must independently
 1103  perform the following duties:
 1104         (c) In cooperation with the Board of Governors and the
 1105  State Board of Community Colleges, develop and implement a
 1106  process for receiving and processing requests, in conjunction
 1107  with the Legislature, for the allocation of PECO funds for
 1108  qualified postsecondary education projects.
 1109         (d) Integrally work with the boards of trustees of the
 1110  Florida College System institutions.
 1111         (d)(e) Monitor the activities of the State Board of
 1112  Education and provide information related to current and pending
 1113  policies to the members of the boards of trustees of the Florida
 1114  Community College System institutions and state universities.
 1115         (e)(f) Ensure the timely provision of information requested
 1116  by the Legislature from the State Board of Education, the
 1117  commissioner’s office, and the Department of Education.
 1118         (3) Notwithstanding any other provision of law to the
 1119  contrary, the Commissioner of Education, in conjunction with the
 1120  Legislature, and the Board of Governors regarding the State
 1121  University System, and the State Board of Community Colleges
 1122  regarding the Florida Community College System, must recommend
 1123  funding priorities for the distribution of capital outlay funds
 1124  for public postsecondary educational institutions, based on
 1125  priorities that include, but are not limited to, the following
 1126  criteria:
 1127         (a) Growth at the institutions.
 1128         (b) Need for specific skills statewide.
 1129         (c) Need for maintaining and repairing existing facilities.
 1130         Section 13. Paragraph (e) of subsection (4) of section
 1131  1001.20, Florida Statutes, is amended to read:
 1132         1001.20 Department under direction of state board.—
 1133         (4) The Department of Education shall establish the
 1134  following offices within the Office of the Commissioner of
 1135  Education which shall coordinate their activities with all other
 1136  divisions and offices:
 1137         (e) Office of Inspector General.—Organized using existing
 1138  resources and funds and responsible for promoting
 1139  accountability, efficiency, and effectiveness and detecting
 1140  fraud and abuse within school districts and, the Florida School
 1141  for the Deaf and the Blind, and Florida College System
 1142  institutions in Florida. If the Commissioner of Education
 1143  determines that a district school board or, the Board of
 1144  Trustees for the Florida School for the Deaf and the Blind, or a
 1145  Florida College System institution board of trustees is
 1146  unwilling or unable to address substantiated allegations made by
 1147  any person relating to waste, fraud, or financial mismanagement
 1148  within the school district or, the Florida School for the Deaf
 1149  and the Blind, or the Florida College System institution, the
 1150  office shall conduct, coordinate, or request investigations into
 1151  such substantiated allegations. The office shall have access to
 1152  all information and personnel necessary to perform its duties
 1153  and shall have all of its current powers, duties, and
 1154  responsibilities authorized in s. 20.055.
 1155         Section 14. Section 1001.28, Florida Statutes, is amended
 1156  to read:
 1157         1001.28 Distance learning duties.—The duties of the
 1158  Department of Education concerning distance learning include,
 1159  but are not limited to, the duty to:
 1160         (1) Facilitate the implementation of a statewide
 1161  coordinated system and resource system for cost-efficient
 1162  advanced telecommunications services and distance education
 1163  which will increase overall student access to education.
 1164         (2) Coordinate the use of existing resources, including,
 1165  but not limited to, the state’s satellite transponders, the
 1166  Florida Information Resource Network (FIRN), and distance
 1167  learning initiatives.
 1168         (3) Assist in the coordination of the utilization of the
 1169  production and uplink capabilities available through Florida’s
 1170  public television stations, eligible facilities, independent
 1171  colleges and universities, private firms, and others as needed.
 1172         (4) Seek the assistance and cooperation of Florida’s cable
 1173  television providers in the implementation of the statewide
 1174  advanced telecommunications services and distance learning
 1175  network.
 1176         (5) Seek the assistance and cooperation of Florida’s
 1177  telecommunications carriers to provide affordable student access
 1178  to advanced telecommunications services and to distance
 1179  learning.
 1180         (6) Coordinate partnerships for development, acquisition,
 1181  use, and distribution of distance learning.
 1182         (7) Secure and administer funding for programs and
 1183  activities for distance learning from federal, state, local, and
 1184  private sources and from fees derived from services and
 1185  materials.
 1186         (8) Hire appropriate staff which may include a position
 1187  that shall be exempt from part II of chapter 110 and is included
 1188  in the Senior Management Service in accordance with s. 110.205.
 1189  
 1190  Nothing in this section shall be construed to abrogate,
 1191  supersede, alter, or amend the powers and duties of any state
 1192  agency, district school board, Florida Community College System
 1193  institution board of trustees, university board of trustees, the
 1194  Board of Governors, the State Board of Community Colleges, or
 1195  the State Board of Education.
 1196         Section 15. Effective July 1, 2017, subsection (26) of
 1197  section 1001.42, Florida Statutes, is amended to read:
 1198         1001.42 Powers and duties of district school board.—The
 1199  district school board, acting as a board, shall exercise all
 1200  powers and perform all duties listed below:
 1201         (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a
 1202  governing board for a school district technical center or a
 1203  system of technical centers for the purpose of aligning the
 1204  educational programs of the technical center with the needs of
 1205  local businesses and responding quickly to the needs of local
 1206  businesses for employees holding industry certifications. A
 1207  technical center governing board shall be comprised of seven
 1208  members, three of whom must be members of the district school
 1209  board or their designees and four of whom must be local business
 1210  leaders. The district school board shall delegate to the
 1211  technical center governing board decisions regarding entrance
 1212  requirements for students, curriculum, program development,
 1213  budget and funding allocations, and the development with local
 1214  businesses of partnership agreements and appropriate industry
 1215  certifications in order to meet local and regional economic
 1216  needs. A technical center governing board may approve only
 1217  courses and programs that contain industry certifications. A
 1218  course may be continued if at least 25 percent of the students
 1219  enrolled in the course attain an industry certification. If
 1220  fewer than 25 percent of the students enrolled in a course
 1221  attain an industry certification, the course must be
 1222  discontinued the following year. However, notwithstanding the
 1223  authority to approve courses and programs under this subsection,
 1224  a technical center governing board may not approve a college
 1225  credit course or a college credit certificate or an associate
 1226  degree or baccalaureate degree program.
 1227         Section 16. Effective July 1, 2017, section 1001.44,
 1228  Florida Statutes, is amended to read:
 1229         1001.44 Career centers; governance, mission, and
 1230  responsibilities.—
 1231         (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE CAREER
 1232  CENTERS.—Any district school board, after first obtaining the
 1233  approval of the Department of Education, may, as a part of the
 1234  district school system, organize, establish and operate a career
 1235  center, or acquire and operate a career center previously
 1236  established.
 1237         (a) The primary mission of a career center that is operated
 1238  by a district school board is to promote advances and
 1239  innovations in workforce preparation and economic development. A
 1240  career center may provide a learning environment that serves the
 1241  needs of a specific population group or group of occupations,
 1242  thus promoting diversity and choices within the public technical
 1243  education community in this state.
 1244         (b) A career center that is operated by a district school
 1245  board may not offer a college credit course or a college credit
 1246  certificate or an associate degree or baccalaureate degree
 1247  program.
 1248         (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
 1249  ESTABLISH OR ACQUIRE CAREER CENTERS.—The district school boards
 1250  of any two or more contiguous districts may, upon first
 1251  obtaining the approval of the department, enter into an
 1252  agreement to organize, establish and operate, or acquire and
 1253  operate, a career center under this section.
 1254         (3) CAREER CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED
 1255  BY A DIRECTOR.—
 1256         (a) A career center established or acquired under
 1257  provisions of law and minimum standards prescribed by the
 1258  commissioner shall comprise a part of the district school system
 1259  and shall mean an educational institution offering terminal
 1260  courses of a technical nature which are not for college credit,
 1261  and courses for out-of-school youth and adults; shall be subject
 1262  to all applicable provisions of this code; shall be under the
 1263  control of the district school board of the school district in
 1264  which it is located; and shall be directed by a director
 1265  responsible through the district school superintendent to the
 1266  district school board of the school district in which the center
 1267  is located.
 1268         (b) Each career center shall maintain an academic
 1269  transcript for each student enrolled in the center. Such
 1270  transcript shall delineate each course completed by the student.
 1271  Courses shall be delineated by the course prefix and title
 1272  assigned pursuant to s. 1007.24. The center shall make a copy of
 1273  a student’s transcript available to any student who requests it.
 1274         Section 17. Effective July 1, 2017, section 1001.60,
 1275  Florida Statutes, is amended to read:
 1276         1001.60 Florida Community College System.—
 1277         (1) PURPOSES.—In order to maximize open access for
 1278  students, respond to community needs for postsecondary academic
 1279  education and career degree education, and provide associate and
 1280  baccalaureate degrees that will best meet the state’s employment
 1281  needs, the Legislature establishes a system of governance for
 1282  the Florida Community College System.
 1283         (2) FLORIDA COMMUNITY COLLEGE SYSTEM.—There shall be a
 1284  single Florida Community College System comprised of the Florida
 1285  Community College System institutions identified in s.
 1286  1000.21(3). A Florida Community College System institution may
 1287  not offer graduate degree programs.
 1288         (a) The programs and services offered by Florida Community
 1289  College System institutions in providing associate and
 1290  baccalaureate degrees shall be delivered in a cost-effective
 1291  manner that demonstrates substantial savings to the student and
 1292  to the state over the cost of providing the degree at a state
 1293  university.
 1294         (b)1. With the approval of its district board of trustees,
 1295  a Florida Community College System institution may change the
 1296  institution’s name set forth in s. 1000.21(3) and use the
 1297  designation “college” or “state college” if it has been
 1298  authorized to grant baccalaureate degrees pursuant to s. 1007.33
 1299  and has been accredited as a baccalaureate-degree-granting
 1300  institution by the Commission on Colleges of the Southern
 1301  Association of Colleges and Schools.
 1302         2. With the approval of its district board of trustees, a
 1303  Florida Community College System institution that does not meet
 1304  the criteria in subparagraph 1. may request approval from the
 1305  State Board of Education to change the institution’s name set
 1306  forth in s. 1000.21(3) and use the designation “college.” The
 1307  State Board of Community Colleges Education may approve the
 1308  request if the Florida Community College System institution
 1309  enters into an agreement with the State Board of Community
 1310  Colleges Education to do the following:
 1311         a. Maintain as its primary mission responsibility for
 1312  responding to community needs for postsecondary academic
 1313  education and career degree education as prescribed in s.
 1314  1004.65(5).
 1315         b. Maintain an open-door admissions policy for associate
 1316  level degree programs and workforce education programs.
 1317         c. Continue to provide outreach to underserved populations.
 1318         d. Continue to provide remedial education.
 1319         e. Comply with all provisions of the statewide articulation
 1320  agreement that relate to 2-year and 4-year public degree
 1321  granting institutions as adopted by the State Board of Community
 1322  Colleges Education pursuant to s. 1007.23.
 1323         (c) A district board of trustees that approves a change to
 1324  the name of an institution under paragraph (b) must seek
 1325  statutory codification of such name change in s. 1000.21(3)
 1326  during the next regular legislative session.
 1327         (d) A Florida Community College System institution may not
 1328  use the designation “university.”
 1329         (3) LOCAL BOARDS OF TRUSTEES.—Each institution within the
 1330  Florida Community College System shall be governed by a local
 1331  board of trustees as provided in s. 1001.64. The membership of
 1332  each local board of trustees shall be as provided in s. 1001.61.
 1333         Section 18. Effective July 1, 2017, section 1001.601,
 1334  Florida Statutes, is created to read:
 1335         1001.601 State Board of Community Colleges of the Florida
 1336  Community College System.—
 1337         (1) The State Board of Community Colleges is established as
 1338  a body corporate consisting of 13 members, which shall consist
 1339  of the Commissioner of Education and 12 citizen members who are
 1340  appointed by the Governor in a manner that provides equitable
 1341  geographical representation.
 1342         (a)The 12 appointed citizen members must include a student
 1343  enrolled in a Florida Community College System institution and a
 1344  faculty member employed at a Florida Community College System
 1345  institution.
 1346         (b)Except for the student member, each citizen member must
 1347  be confirmed by the Senate and must reside and be registered to
 1348  vote in this state.
 1349         (c)Except for the student member, who shall serve a 1-year
 1350  term, appointed citizen members shall serve staggered 4-year
 1351  terms. In order to achieve staggered terms, beginning September
 1352  1, 2017, of the initial appointments, 3 members shall serve 2
 1353  year terms, 4 members shall serve 3-year terms, and 4 members
 1354  shall serve 4-year terms.
 1355         (2) Members of the State Board of Community Colleges may
 1356  not receive compensation but may be reimbursed for travel and
 1357  per diem expenses as provided in s. 112.061.
 1358         Section 19. Section 1001.602, Florida Statutes, is created
 1359  to read:
 1360         1001.602 Powers and duties of the State Board of Community
 1361  Colleges.—
 1362         (1)RESPONSIBILITIES.—The State Board of Community Colleges
 1363  is responsible for the efficient and effective operation and
 1364  maintenance of the Florida Community College System, as defined
 1365  in s. 1001.60. The State Board of Community Colleges may adopt
 1366  rules pursuant to ss. 120.536(1) and 120.54 to implement
 1367  provisions of law for the Florida Community College System. For
 1368  the purposes of this section, the State Board of Community
 1369  Colleges is referred to as the “state board.”
 1370         (2) DUTIES.—The state board has the following duties:
 1371         (a) Ensure Florida Community College System institutions
 1372  operate consistent with the mission of the system, pursuant to
 1373  s. 1004.65.
 1374         (b) Oversee the Florida Community College System and
 1375  coordinate with the Board of Governors and the State Board of
 1376  Education to avoid wasteful duplication of facilities or
 1377  programs.
 1378         (c) Provide for each Florida Community College System
 1379  institution to offer educational training and service programs
 1380  designed to meet the needs of both students and the communities
 1381  served.
 1382         (d) Hold meetings, transact business, keep records, and,
 1383  except as otherwise provided by law, perform such other duties
 1384  as may be necessary for the enforcement of laws and rules
 1385  relating to the Florida Community College System.
 1386         (e) Provide for the coordination of educational plans and
 1387  programs to resolve controversies, minimize problems of
 1388  articulation and student transfers, ensure that students moving
 1389  from one level of education to the next have acquired
 1390  competencies necessary for satisfactory performance at that
 1391  level, and ensure maximum utilization of facilities.
 1392         (f) Establish and review, in consultation with the State
 1393  Board of Education and the Board of Governors, minimum and
 1394  uniform standards of college-level communication and computation
 1395  skills generally associated with successful performance and
 1396  progression through the baccalaureate level, to identify
 1397  college-preparatory high school coursework and postsecondary
 1398  level coursework that prepares students with the academic skills
 1399  necessary to succeed in postsecondary education.
 1400         (g) Approve plans for cooperating with the Federal
 1401  Government.
 1402         (h) Approve plans for cooperating with other public
 1403  agencies in the development of rules and in the enforcement of
 1404  laws for which the state board and the agencies are jointly
 1405  responsible.
 1406         (i) Create subordinate advisory bodies if required by law
 1407  or as necessary for the improvement of the Florida Community
 1408  College System.
 1409         (j) Coordinate with the State Board of Education to collect
 1410  and maintain data for the Florida Community College System.
 1411         (k) Establish, in conjunction with the State Board of
 1412  Education and the Board of Governors, an effective information
 1413  system that will provide composite data concerning the Florida
 1414  Community College System institutions and state universities and
 1415  that will ensure that special analyses and studies concerning
 1416  the institutions are conducted, as necessary, for provision of
 1417  accurate and cost-effective information concerning the
 1418  institutions.
 1419         (l) Establish accountability standards for existing
 1420  legislative performance goals, standards, and measures, and
 1421  order the development of mechanisms to implement new legislative
 1422  goals, standards, and measures.
 1423         (m) Require each Florida Community College System
 1424  institution, before registration, to provide each enrolled
 1425  student electronic access to the economic security report of
 1426  employment and earning outcomes prepared by the Department of
 1427  Economic Opportunity pursuant to s. 445.07.
 1428         (n) Specify, by rule, procedures to be used by Florida
 1429  Community College System institution boards of trustees in the
 1430  annual evaluation of presidents, and review the evaluations of
 1431  presidents by the boards of trustees, including the extent to
 1432  which presidents serve both institutional and system goals.
 1433         (o) Establish, subject to existing law, the tuition and
 1434  out-of-state fees for developmental education and for credit
 1435  instruction that may be counted toward an associate in arts
 1436  degree, an associate in applied science degree, or an associate
 1437  in science degree.
 1438         (p) Develop, in conjunction with the Board of Governors and
 1439  the State Board of Education, and implement a common placement
 1440  test to assess the basic computation and communication skills of
 1441  students who intend to enter a degree program at a Florida
 1442  Community College System institution or state university.
 1443         (q) May direct the Chancellor of the Florida Community
 1444  College System to conduct investigations of practices,
 1445  procedures, or actions at a Florida Community College System
 1446  institution which appear to be inconsistent with sound
 1447  financial, management, or academic practice.
 1448         (r) Examine the annual administrative review of each
 1449  Florida Community College System institution.
 1450         (s) Through the Chancellor of the Florida Community College
 1451  System, integrally work with the boards of trustees of the
 1452  Florida Community College System institutions.
 1453         (t) Establish criteria for making recommendations
 1454  concerning all proposals to establish additional centers or
 1455  campuses for a Florida Community College System institution.
 1456         (3) PLAN SPECIFYING GOALS AND OBJECTIVES.—To comply with
 1457  the requirements under subsection (4) and the performance
 1458  metrics and standards adopted under ss. 1001.66 and 1001.67, the
 1459  state board shall identify performance metrics for the Florida
 1460  Community College System and develop a plan that specifies goals
 1461  and objectives for each Florida Community College System
 1462  institution. The plan must include:
 1463         (a) Performance metrics and standards common for all
 1464  institutions and metrics and standards unique to institutions
 1465  depending on institutional core missions, including, but not
 1466  limited to, remediation success, retention, graduation,
 1467  employment, transfer rates, licensure passage, excess hours,
 1468  student loan burden and default rates, job placement, faculty
 1469  awards, and highly respected rankings for institution and
 1470  program achievements.
 1471         (b) Student enrollment and performance data delineated by
 1472  method of instruction, including, but not limited to,
 1473  traditional, online, and distance learning instruction.
 1474         (4) STRATEGIC PLAN, LONG-RANGE PLANS, AND OTHER PLANS.—
 1475         (a) The state board shall adopt a strategic plan that
 1476  specifies goals and objectives for the Florida Community College
 1477  System. The plan must be formulated in conjunction with plans of
 1478  the State Board of Education and the Board of Governors in order
 1479  to coordinate the roles of the school districts and universities
 1480  to best meet state needs and reflect cost-effective use of state
 1481  resources. The strategic plan must clarify the mission
 1482  statements of the Florida Community College System and each
 1483  Florida Community College System institution and identify degree
 1484  programs, including baccalaureate degree programs, to be offered
 1485  at each Florida Community College System institution in
 1486  accordance with the objectives provided in this subsection and
 1487  the coordinated 5-year plan pursuant to s. 1001.02(2)(v). The
 1488  strategic plan must cover a period of 5 years, with modification
 1489  of the program lists after 2 years. Development of each 5-year
 1490  plan must be coordinated with and initiated after completion of
 1491  the master plan. The strategic plan must consider reports and
 1492  recommendations of the Higher Education Coordinating Council
 1493  pursuant to s. 1004.015 and the Articulation Coordinating
 1494  Committee pursuant to s. 1007.01. Upon modification of the plan,
 1495  the state board shall submit a report to the President of the
 1496  Senate and the Speaker of the House of Representatives as part
 1497  of its legislative budget request.
 1498         (b) The state board, the State Board of Education, and the
 1499  Board of Governors shall jointly develop long-range plans and
 1500  annual reports for financial aid in this state. The long-range
 1501  plans must establish goals and objectives for a comprehensive
 1502  program of financial aid for students and shall be updated every
 1503  5 years. The annual report must include programs administered by
 1504  the department as well as awards made from financial aid fee
 1505  revenues, other funds appropriated by the Legislature for
 1506  financial assistance, and the value of tuition and fees waived
 1507  for students enrolled in a dual enrollment course at a public
 1508  postsecondary educational institution. The annual report must
 1509  include an assessment of the progress made in achieving goals
 1510  and objectives established in the long-range plans and must
 1511  include recommendations for repealing or modifying existing
 1512  financial aid programs or establishing new programs. The state
 1513  board, the State Board of Education, and the Board of Governors
 1514  shall submit their long-range plans by July 1, 2018, and every 5
 1515  years thereafter and shall submit their annual reports on July
 1516  1, 2018, and in each successive year that a long-range plan is
 1517  not submitted, to the President of the Senate and the Speaker of
 1518  the House of Representatives.
 1519         (c) The state board shall also:
 1520         1. Adopt comprehensive long-range plans and short-range
 1521  programs for the development of the Florida Community College
 1522  System.
 1523         2. Assist in the economic development of the state by
 1524  developing a state-level planning process to identify future
 1525  training needs for industry, especially high-technology
 1526  industry.
 1527         3. Adopt criteria and implementation plans for future
 1528  growth issues, such as new Florida Community College System
 1529  institutions and Florida Community College System institution
 1530  campus mergers, and provide for cooperative agreements between
 1531  and within public and private education sectors.
 1532         (5) MINIMUM STANDARDS AND GUIDELINES.—The state board shall
 1533  prescribe minimum standards, definitions, and guidelines for
 1534  Florida Community College System institutions which will ensure
 1535  the quality of education, coordination among the Florida
 1536  Community College System institutions and state universities,
 1537  and efficient progress toward accomplishing the Florida
 1538  Community College System institution’s mission. At a minimum,
 1539  these rules must address all of the following:
 1540         (a) Personnel.
 1541         (b) Contracting.
 1542         (c) Program offerings and classification, including
 1543  college-level communication and computation skills associated
 1544  with successful performance in college and with tests and other
 1545  assessment procedures that measure student achievement of those
 1546  skills. The performance measures must provide that students
 1547  moving from one level of education to the next acquire the
 1548  necessary competencies for that level.
 1549         (d) Provisions for curriculum development, graduation
 1550  requirements, college calendars, and program service areas.
 1551  These provisions must include rules that:
 1552         1. Provide for the award of an associate in arts degree to
 1553  a student who successfully completes 60 semester credit hours at
 1554  the Florida Community College System institution.
 1555         2. Require all of the credits accepted for the associate in
 1556  arts degree to be in the statewide course numbering system as
 1557  credits toward a baccalaureate degree offered by a state
 1558  university or a Florida Community College System institution.
 1559         3. Require no more than 36 semester credit hours in general
 1560  education courses in the subject areas of communication,
 1561  mathematics, social sciences, humanities, and natural sciences.
 1562  
 1563  The rules under this paragraph should encourage Florida
 1564  Community College System institutions to enter into agreements
 1565  with state universities which allow a Florida Community College
 1566  System institution student to complete upper-division-level
 1567  courses at a Florida Community College System institution. An
 1568  agreement may provide for concurrent enrollment at the Florida
 1569  Community College System institution and the state university
 1570  and may authorize the Florida Community College System
 1571  institution to offer an upper-division-level course or distance
 1572  learning.
 1573         (e) Student admissions, conduct and discipline;
 1574  nonclassroom activities; and fees.
 1575         (f) Budgeting.
 1576         (g) Business and financial matters.
 1577         (h) Student services.
 1578         (i) Reports, surveys, and information systems, including
 1579  forms and dates of submission.
 1580         (6) CYCLIC REVIEW OF ACADEMIC PROGRAMS.—The state board
 1581  shall provide for the cyclic review of all academic programs in
 1582  Florida Community College System institutions at least every 7
 1583  years. Program reviews must document how individual academic
 1584  programs are achieving stated student learning and program
 1585  objectives within the context of the institution’s mission. The
 1586  results of the program reviews must inform strategic planning,
 1587  program development, and budgeting decisions at the
 1588  institutional level.
 1589         (7) FLORIDA COMMUNITY COLLEGE SYSTEM INSTITUTION
 1590  BACCALAUREATE DEGREE PROGRAMS.—The state board shall provide for
 1591  the review and approval of proposals by Florida Community
 1592  College System institutions to offer baccalaureate degree
 1593  programs pursuant to s. 1007.33. A Florida Community College
 1594  System institution, as defined in s. 1000.21, which is approved
 1595  to offer baccalaureate degrees pursuant to s. 1007.33 remains
 1596  under the authority of the state board and the Florida Community
 1597  College System institution’s board of trustees.
 1598         (8) MODIFICATIONS TO SERVICE AREA.—The state board shall
 1599  establish criteria for making recommendations for modifying
 1600  district boundary lines for a Florida Community College System
 1601  institution, including criteria for service delivery areas of a
 1602  Florida Community College System institution authorized to grant
 1603  baccalaureate degrees.
 1604         (9) PERFORMANCE OVERSIGHT.—The state board shall oversee
 1605  the performance of Florida Community College System institution
 1606  boards of trustees in enforcement of all laws and rules. Florida
 1607  Community College System institution boards of trustees are
 1608  primarily responsible for compliance with law and state board
 1609  rule.
 1610         (a) In order to ensure compliance with law or state board
 1611  rule, the state board has the authority to request and receive
 1612  information, data, and reports from Florida Community College
 1613  System institutions. The Florida Community College System
 1614  institution president is responsible for the accuracy of the
 1615  information and data reported to the state board.
 1616         (b) The Chancellor of the Florida Community College System
 1617  may investigate allegations of noncompliance with law or state
 1618  board rule and determine probable cause. The Chancellor shall
 1619  report determinations of probable cause to the State Board of
 1620  Community Colleges who shall require the Florida Community
 1621  College System institution board of trustees to document
 1622  compliance with law or state board rule.
 1623         (c) If the Florida Community College System institution
 1624  board of trustees cannot satisfactorily document compliance, the
 1625  state board may order compliance within a specified timeframe.
 1626         (d) If the state board determines that a Florida Community
 1627  College System institution board of trustees is unwilling or
 1628  unable to comply with law or state board rule within the
 1629  specified time, the state board has the authority to initiate
 1630  any of the following actions:
 1631         1. Report to the Legislature that the Florida Community
 1632  College System institution is unwilling or unable to comply with
 1633  law or state board rule and recommend that the Legislature take
 1634  action against the institution;
 1635         2. Withhold the transfer of state funds, discretionary
 1636  grant funds, discretionary lottery funds, or any other funds
 1637  specified as eligible for this purpose by the Legislature until
 1638  the Florida Community College System institution complies with
 1639  the law or state board rule;
 1640         3. Declare the Florida Community College System institution
 1641  ineligible for competitive grants; or
 1642         4. Require monthly or periodic reporting on the situation
 1643  related to noncompliance until it is remedied.
 1644         (e) This section may not be construed to create a private
 1645  cause of action or create any rights for individuals or entities
 1646  in addition to those provided elsewhere in law or rule.
 1647         (10) INSPECTOR GENERAL.—The inspector general is
 1648  responsible for promoting accountability, efficiency, and
 1649  effectiveness and detecting fraud and abuse within Florida
 1650  Community College System institutions. If the Chancellor of the
 1651  Florida Community College System determines that a Florida
 1652  Community College System institution board of trustees is
 1653  unwilling or unable to address substantiated allegations made by
 1654  any person relating to waste, fraud, or financial mismanagement
 1655  within the Florida Community College System institution, the
 1656  inspector general shall conduct, coordinate, or request
 1657  investigations into such substantiated allegations. The
 1658  inspector general shall have access to all information and
 1659  personnel necessary to perform its duties and shall have all of
 1660  his or her current powers, duties, and responsibilities
 1661  authorized in s. 20.055.
 1662         (11) COORDINATION WITH THE STATE BOARD OF EDUCATION.—The
 1663  state board shall coordinate with the State Board of Education:
 1664         (a) Pursuant to s. 1001.02(2)(e), in the adoption of a K-20
 1665  education budget.
 1666         (b) Pursuant to s. 1001.02(4)(g), to adopt and submit to
 1667  the Legislature a 3-year list of priorities for fixed-capital
 1668  outlay projects.
 1669         (12) COMMON POSTSECONDARY DEFINITIONS.—Adopt in
 1670  collaboration with the State Board of Education, by rule,
 1671  definitions for associate in science degrees and for
 1672  certificates offered by Florida Community College System
 1673  institutions.
 1674         Section 20. Section 1001.61, Florida Statutes, is amended
 1675  to read:
 1676         1001.61 Florida Community College System institution boards
 1677  of trustees; membership.—
 1678         (1)  Florida Community College System institution boards of
 1679  trustees shall be comprised of five members when a Florida
 1680  Community College System institution district is confined to one
 1681  school board district; seven members when a Florida Community
 1682  College System institution district is confined to one school
 1683  board district and the board of trustees so elects; and not more
 1684  than nine members when the district contains two or more school
 1685  board districts, as provided by rules of the State Board of
 1686  Community Colleges Education. However, Florida State College at
 1687  Jacksonville shall have an odd number of trustees, and St. Johns
 1688  River State College shall have seven trustees from the three
 1689  county area that the college serves.
 1690         (2) Trustees shall be appointed by the Governor to
 1691  staggered 4-year terms, subject to confirmation by the Senate in
 1692  regular session.
 1693         (3) Members of the board of trustees shall receive no
 1694  compensation but may receive reimbursement for expenses as
 1695  provided in s. 112.061.
 1696         (4) At its first regular meeting after July 1 of each year,
 1697  each Florida Community College System institution board of
 1698  trustees shall organize by electing a chair, whose duty as such
 1699  is to preside at all meetings of the board, to call special
 1700  meetings thereof, and to attest to actions of the board, and a
 1701  vice chair, whose duty as such is to act as chair during the
 1702  absence or disability of the elected chair. It is the further
 1703  duty of the chair of each board of trustees to notify the
 1704  Governor, in writing, whenever a board member fails to attend
 1705  three consecutive regular board meetings in any one fiscal year,
 1706  which absences may be grounds for removal.
 1707         (5) A Florida Community College System institution
 1708  president shall serve as the executive officer and corporate
 1709  secretary of the board of trustees and shall be responsible to
 1710  the board of trustees for setting the agenda for meetings of the
 1711  board of trustees in consultation with the chair. The president
 1712  also serves as the chief administrative officer of the Florida
 1713  Community College System institution, and all the components of
 1714  the institution and all aspects of its operation are responsible
 1715  to the board of trustees through the president.
 1716         Section 21. Section 1001.64, Florida Statutes, is amended
 1717  to read:
 1718         1001.64  Florida Community College System institution
 1719  boards of trustees; powers and duties.—
 1720         (1) The boards of trustees shall be responsible for cost
 1721  effective policy decisions appropriate to the Florida Community
 1722  College System institution’s mission, the implementation and
 1723  maintenance of high-quality education programs within law and
 1724  rules of the State Board of Community Colleges Education, the
 1725  measurement of performance, the reporting of information, and
 1726  the provision of input regarding state policy, budgeting, and
 1727  education standards.
 1728         (2) Each board of trustees is vested with the
 1729  responsibility to govern its respective Florida Community
 1730  College System institution and with such necessary authority as
 1731  is needed for the proper operation and improvement thereof in
 1732  accordance with rules of the State Board of Community Colleges
 1733  Education.
 1734         (3) A board of trustees shall have the power to take action
 1735  without a recommendation from the president and shall have the
 1736  power to require the president to deliver to the board of
 1737  trustees all data and information required by the board of
 1738  trustees in the performance of its duties. A board of trustees
 1739  shall ask the Chancellor of the Florida Community College System
 1740  Commissioner of Education to authorize an investigation of the
 1741  president’s actions by the State Board of Community College’s
 1742  department’s inspector general if the board considers such
 1743  investigation necessary. The inspector general shall provide a
 1744  report detailing each issue under investigation and shall
 1745  recommend corrective action. If the inspector general identifies
 1746  potential legal violations, he or she shall refer the potential
 1747  legal violations to the Commission on Ethics, the Department of
 1748  Law Enforcement, the Attorney General, or another appropriate
 1749  authority.
 1750         (4)(a) The board of trustees, after considering
 1751  recommendations submitted by the Florida Community College
 1752  System institution president, may adopt rules pursuant to ss.
 1753  120.536(1) and 120.54 to implement the provisions of law
 1754  conferring duties upon it. These rules may supplement those
 1755  prescribed by the State Board of Community Colleges Education if
 1756  they will contribute to the more orderly and efficient operation
 1757  of Florida Community College System institutions.
 1758         (b) Each board of trustees is specifically authorized to
 1759  adopt rules, procedures, and policies, consistent with law and
 1760  rules of the State Board of Community Colleges Education,
 1761  related to its mission and responsibilities as set forth in s.
 1762  1004.65, its governance, personnel, budget and finance,
 1763  administration, programs, curriculum and instruction, buildings
 1764  and grounds, travel and purchasing, technology, students,
 1765  contracts and grants, or college property.
 1766         (5) Each board of trustees shall have responsibility for
 1767  the use, maintenance, protection, and control of Florida
 1768  Community College System institution owned or Florida Community
 1769  College System institution controlled buildings and grounds,
 1770  property and equipment, name, trademarks and other proprietary
 1771  marks, and the financial and other resources of the Florida
 1772  Community College System institution. Such authority may include
 1773  placing restrictions on activities and on access to facilities,
 1774  firearms, food, tobacco, alcoholic beverages, distribution of
 1775  printed materials, commercial solicitation, animals, and sound.
 1776         (6) Each board of trustees has responsibility for the
 1777  establishment and discontinuance of program and course offerings
 1778  in accordance with law and rule; provision for instructional and
 1779  noninstructional community services, location of classes, and
 1780  services provided; and dissemination of information concerning
 1781  such programs and services. New programs must be approved
 1782  pursuant to s. 1004.03.
 1783         (7) Each board of trustees has responsibility for: ensuring
 1784  that students have access to general education courses as
 1785  identified in rule; requiring no more than 60 semester hours of
 1786  degree program coursework, including 36 semester hours of
 1787  general education coursework, for an associate in arts degree;
 1788  notifying students that earned hours in excess of 60 semester
 1789  hours may not be accepted by state universities; notifying
 1790  students of unique program prerequisites; and ensuring that
 1791  degree program coursework beyond general education coursework is
 1792  consistent with degree program prerequisite requirements adopted
 1793  pursuant to s. 1007.25(5).
 1794         (8) Each board of trustees has authority for policies
 1795  related to students, enrollment of students, student records,
 1796  student activities, financial assistance, and other student
 1797  services.
 1798         (a) Each board of trustees shall govern admission of
 1799  students pursuant to s. 1007.263 and rules of the State Board of
 1800  Community Colleges Education. A board of trustees may establish
 1801  additional admissions criteria, which shall be included in the
 1802  dual enrollment articulation agreement developed according to s.
 1803  1007.271(21), to ensure student readiness for postsecondary
 1804  instruction. Each board of trustees may consider the past
 1805  actions of any person applying for admission or enrollment and
 1806  may deny admission or enrollment to an applicant because of
 1807  misconduct if determined to be in the best interest of the
 1808  Florida Community College System institution.
 1809         (b) Each board of trustees shall adopt rules establishing
 1810  student performance standards for the award of degrees and
 1811  certificates pursuant to s. 1004.68.
 1812         (c) Boards of trustees are authorized to establish
 1813  intrainstitutional and interinstitutional programs to maximize
 1814  articulation pursuant to s. 1007.22.
 1815         (d) Boards of trustees shall identify their general
 1816  education curricula pursuant to s. 1007.25(6).
 1817         (e) Each board of trustees must adopt a written antihazing
 1818  policy, provide a program for the enforcement of such rules, and
 1819  adopt appropriate penalties for violations of such rules
 1820  pursuant to the provisions of s. 1006.63.
 1821         (f) Each board of trustees may establish a uniform code of
 1822  conduct and appropriate penalties for violation of its rules by
 1823  students and student organizations, including rules governing
 1824  student academic honesty. Such penalties, unless otherwise
 1825  provided by law, may include fines, the withholding of diplomas
 1826  or transcripts pending compliance with rules or payment of
 1827  fines, and the imposition of probation, suspension, or
 1828  dismissal.
 1829         (g) Each board of trustees pursuant to s. 1006.53 shall
 1830  adopt a policy in accordance with rules of the State Board of
 1831  Community Colleges Education that reasonably accommodates the
 1832  religious observance, practice, and belief of individual
 1833  students in regard to admissions, class attendance, and the
 1834  scheduling of examinations and work assignments.
 1835         (9) A board of trustees may contract with the board of
 1836  trustees of a state university for the Florida Community College
 1837  System institution to provide developmental education on the
 1838  state university campus.
 1839         (10) Each board of trustees shall establish fees pursuant
 1840  to ss. 1009.22, 1009.23, 1009.25, 1009.26, and 1009.27.
 1841         (11) Each board of trustees shall submit an institutional
 1842  budget request, including a request for fixed capital outlay,
 1843  and an operating budget to the State Board of Community Colleges
 1844  Education for review in accordance with guidelines established
 1845  by the State Board of Community Colleges Education.
 1846         (12) Each board of trustees shall account for expenditures
 1847  of all state, local, federal, and other funds in the manner
 1848  described by the State Board of Community Colleges Department of
 1849  Education.
 1850         (13) Each board of trustees is responsible for the uses for
 1851  the proceeds of academic improvement trust funds pursuant to s.
 1852  1011.85.
 1853         (14) Each board of trustees shall develop a strategic plan
 1854  specifying institutional goals and objectives for the Florida
 1855  Community College System institution for recommendation to the
 1856  State Board of Community Colleges Education.
 1857         (15) Each board of trustees shall develop an accountability
 1858  plan pursuant to s. 1008.45.
 1859         (16) Each board of trustees must expend performance funds
 1860  provided for workforce education pursuant to the provisions of
 1861  s. 1011.80.
 1862         (17) Each board of trustees is accountable for performance
 1863  in certificate career education and diploma programs pursuant to
 1864  s. 1008.43.
 1865         (18) Each board of trustees shall establish the personnel
 1866  program for all employees of the Florida Community College
 1867  System institution, including the president, pursuant to the
 1868  provisions of chapter 1012 and rules and guidelines of the State
 1869  Board of Community Colleges Education, including: compensation
 1870  and other conditions of employment; recruitment and selection;
 1871  nonreappointment; standards for performance and conduct;
 1872  evaluation; benefits and hours of work; leave policies;
 1873  recognition; inventions and work products; travel; learning
 1874  opportunities; exchange programs; academic freedom and
 1875  responsibility; promotion; assignment; demotion; transfer;
 1876  ethical obligations and conflict of interest; restrictive
 1877  covenants; disciplinary actions; complaints; appeals and
 1878  grievance procedures; and separation and termination from
 1879  employment.
 1880         (19) Each board of trustees shall appoint, suspend, or
 1881  remove the president of the Florida Community College System
 1882  institution. The board of trustees may appoint a search
 1883  committee. The board of trustees shall conduct annual
 1884  evaluations of the president in accordance with rules of the
 1885  State Board of Community Colleges Education and submit such
 1886  evaluations to the State Board of Community Colleges Education
 1887  for review. The evaluation must address the achievement of the
 1888  performance goals established by the accountability process
 1889  implemented pursuant to s. 1008.45 and the performance of the
 1890  president in achieving the annual and long-term goals and
 1891  objectives established in the Florida Community College System
 1892  institution’s employment accountability program implemented
 1893  pursuant to s. 1012.86.
 1894         (20) Each board of trustees is authorized to enter into
 1895  contracts to provide a State Community College System Optional
 1896  Retirement Program pursuant to s. 1012.875 and to enter into
 1897  consortia with other boards of trustees for this purpose.
 1898         (21) Each board of trustees is authorized to purchase
 1899  annuities for its Florida Community College System institution
 1900  personnel who have 25 or more years of creditable service and
 1901  who have reached age 55 and have applied for retirement under
 1902  the Florida Retirement System pursuant to the provisions of s.
 1903  1012.87.
 1904         (22) A board of trustees may defray all costs of defending
 1905  civil actions against officers, employees, or agents of the
 1906  board of trustees pursuant to s. 1012.85.
 1907         (23) Each board of trustees has authority for risk
 1908  management, safety, security, and law enforcement operations.
 1909  Each board of trustees is authorized to employ personnel,
 1910  including police officers pursuant to s. 1012.88, to carry out
 1911  the duties imposed by this subsection.
 1912         (24) Each board of trustees shall provide rules governing
 1913  parking and the direction and flow of traffic within campus
 1914  boundaries. Except for sworn law enforcement personnel, persons
 1915  employed to enforce campus parking rules have no authority to
 1916  arrest or issue citations for moving traffic violations. The
 1917  board of trustees may adopt a uniform code of appropriate
 1918  penalties for violations. Such penalties, unless otherwise
 1919  provided by law, may include the levying of fines, the
 1920  withholding of diplomas or transcripts pending compliance with
 1921  rules or payment of fines, and the imposition of probation,
 1922  suspension, or dismissal. Moneys collected from parking rule
 1923  infractions shall be deposited in appropriate funds at each
 1924  Florida Community College System institution for student
 1925  financial aid purposes.
 1926         (25) Each board of trustees constitutes the contracting
 1927  agent of the Florida Community College System institution. It
 1928  may when acting as a body make contracts, sue, and be sued in
 1929  the name of the board of trustees. In any suit, a change in
 1930  personnel of the board of trustees shall not abate the suit,
 1931  which shall proceed as if such change had not taken place.
 1932         (26) Each board of trustees is authorized to contract for
 1933  the purchase, sale, lease, license, or acquisition in any
 1934  manner, including purchase by installment or lease-purchase
 1935  contract which may provide for the payment of interest on the
 1936  unpaid portion of the purchase price and for the granting of a
 1937  security interest in the items purchased, subject to the
 1938  provisions of subsection (38) and ss. 1009.22 and 1009.23, of
 1939  goods, materials, equipment, and services required by the
 1940  Florida Community College System institution. The board of
 1941  trustees may choose to consolidate equipment contracts under
 1942  master equipment financing agreements made pursuant to s.
 1943  287.064.
 1944         (27) Each board of trustees shall be responsible for
 1945  managing and protecting real and personal property acquired or
 1946  held in trust for use by and for the benefit of such Florida
 1947  Community College System institution. To that end, any board of
 1948  trustees is authorized to be self-insured, to enter into risk
 1949  management programs, or to purchase insurance for whatever
 1950  coverage it may choose, or to have any combination thereof, in
 1951  anticipation of any loss, damage, or destruction. A board of
 1952  trustees may contract for self-insurance services pursuant to s.
 1953  1004.725.
 1954         (28) Each board of trustees is authorized to enter into
 1955  agreements for, and accept, credit card, charge card, and debit
 1956  card payments as compensation for goods, services, tuition, and
 1957  fees. Each Florida Community College System institution is
 1958  further authorized to establish accounts in credit card, charge
 1959  card, and debit card banks for the deposit of sales invoices.
 1960         (29) Each board of trustees may provide incubator
 1961  facilities to eligible small business concerns pursuant to s.
 1962  1004.79.
 1963         (30) Each board of trustees may establish a technology
 1964  transfer center for the purpose of providing institutional
 1965  support to local business and industry and governmental agencies
 1966  in the application of new research in technology pursuant to the
 1967  provisions of s. 1004.78.
 1968         (31) Each board of trustees may establish economic
 1969  development centers for the purpose of serving as liaisons
 1970  between Florida Community College System institutions and the
 1971  business sector pursuant to the provisions of s. 1004.80.
 1972         (32) Each board of trustees may establish a child
 1973  development training center pursuant to s. 1004.81.
 1974         (33) Each board of trustees is authorized to develop and
 1975  produce work products relating to educational endeavors that are
 1976  subject to trademark, copyright, or patent statutes pursuant to
 1977  chapter 1004.
 1978         (34) Each board of trustees shall administer the facilities
 1979  program pursuant to chapter 1013, including but not limited to:
 1980  the construction of public educational and ancillary plants; the
 1981  acquisition and disposal of property; compliance with building
 1982  and life safety codes; submission of data and information
 1983  relating to facilities and construction; use of buildings and
 1984  grounds; establishment of safety and sanitation programs for the
 1985  protection of building occupants; and site planning and
 1986  selection.
 1987         (35) Each board of trustees may exercise the right of
 1988  eminent domain pursuant to the provisions of chapter 1013.
 1989         (36) Each board of trustees may enter into lease-purchase
 1990  arrangements with private individuals or corporations for
 1991  necessary grounds and buildings for Florida Community College
 1992  System institution purposes, other than dormitories, or for
 1993  buildings other than dormitories to be erected for Florida
 1994  Community College System institution purposes. Such arrangements
 1995  shall be paid from capital outlay and debt service funds as
 1996  provided by s. 1011.84(2), with terms not to exceed 30 years at
 1997  a stipulated rate. The provisions of such contracts, including
 1998  building plans, are subject to approval by the Department of
 1999  Education, and no such contract may be entered into without such
 2000  approval.
 2001         (37) Each board of trustees may purchase, acquire, receive,
 2002  hold, own, manage, lease, sell, dispose of, and convey title to
 2003  real property, in the best interests of the Florida Community
 2004  College System institution.
 2005         (38) Each board of trustees is authorized to enter into
 2006  short-term loans and installment, lease-purchase, and other
 2007  financing contracts for a term of not more than 5 years,
 2008  including renewals, extensions, and refundings. Payments on
 2009  short-term loans and installment, lease-purchase, and other
 2010  financing contracts pursuant to this subsection shall be subject
 2011  to annual appropriation by the board of trustees. Each board of
 2012  trustees is authorized to borrow funds and incur long-term debt,
 2013  including promissory notes, installment sales agreements, lease
 2014  purchase agreements, certificates of participation, and other
 2015  similar long-term financing arrangements, only as specifically
 2016  provided in ss. 1009.22(6) and (9) and 1009.23(11) and (12). At
 2017  the option of the board of trustees, bonds issued pursuant to
 2018  ss. 1009.22(6) and (9) and 1009.23(11) and (12) may be secured
 2019  by a combination of revenues authorized to be pledged to bonds
 2020  pursuant to such subsections. Revenue bonds may not be secured
 2021  by or paid from, directly or indirectly, tuition, financial aid
 2022  fees, the Florida Community College System Program Fund, or any
 2023  other operating revenues of a Florida Community College System
 2024  institution. Lease-purchase agreements may be secured by a
 2025  combination of revenues as specifically authorized pursuant to
 2026  ss. 1009.22(7) and 1009.23(10).
 2027         (39) Each board of trustees shall prescribe conditions for
 2028  direct-support organizations to be certified and to use Florida
 2029  Community College System institution property and services.
 2030  Conditions relating to certification must provide for audit
 2031  review and oversight by the board of trustees.
 2032         (40) Each board of trustees may adopt policies pursuant to
 2033  s. 1010.02 that provide procedures for transferring to the
 2034  direct-support organization of that Florida Community College
 2035  System institution for administration by such organization
 2036  contributions made to the Florida Community College System
 2037  institution.
 2038         (41) The board of trustees shall exert every effort to
 2039  collect all delinquent accounts pursuant to s. 1010.03.
 2040         (42) Each board of trustees shall implement a plan, in
 2041  accordance with guidelines of the State Board of Community
 2042  Colleges Education, for working on a regular basis with the
 2043  other Florida Community College System institution boards of
 2044  trustees, representatives of the university boards of trustees,
 2045  and representatives of the district school boards to achieve the
 2046  goals of the seamless education system.
 2047         (43) Each board of trustees has responsibility for
 2048  compliance with state and federal laws, rules, regulations, and
 2049  requirements.
 2050         (44) Each board of trustees may adopt rules, procedures,
 2051  and policies related to institutional governance,
 2052  administration, and management in order to promote orderly and
 2053  efficient operation, including, but not limited to, financial
 2054  management, budget management, physical plant management, and
 2055  property management.
 2056         (45) Each board of trustees may adopt rules and procedures
 2057  related to data or technology, including, but not limited to,
 2058  information systems, communications systems, computer hardware
 2059  and software, and networks.
 2060         (46) Each board of trustees may consider the past actions
 2061  of any person applying for employment and may deny employment to
 2062  a person because of misconduct if determined to be in the best
 2063  interest of the Florida Community College System institution.
 2064         (47) Each contract or employment agreement, or renewal or
 2065  renegotiation of an existing contract or employment agreement,
 2066  containing a provision for severance pay with an officer, agent,
 2067  employee, or contractor must include the provisions required in
 2068  s. 215.425.
 2069         (48) Each board of trustees shall use purchasing agreements
 2070  and state term contracts pursuant to s. 287.056 or enter into
 2071  consortia and cooperative agreements to maximize the purchasing
 2072  power for goods and services. A consortium or cooperative
 2073  agreement may be statewide, regional, or a combination of
 2074  institutions, as appropriate to achieve the lowest cost, with
 2075  the goal of achieving a 5-percent savings on existing contract
 2076  prices through the use of new cooperative arrangements or new
 2077  consortium contracts.
 2078         Section 22. Section 1001.65, Florida Statutes, is amended
 2079  to read:
 2080         1001.65 Florida Community College System institution
 2081  presidents; powers and duties.—The president is the chief
 2082  executive officer of the Florida Community College System
 2083  institution, shall be corporate secretary of the Florida
 2084  Community College System institution board of trustees, and is
 2085  responsible for the operation and administration of the Florida
 2086  Community College System institution. Each Florida Community
 2087  College System institution president shall:
 2088         (1) Recommend the adoption of rules, as appropriate, to the
 2089  Florida Community College System institution board of trustees
 2090  to implement provisions of law governing the operation and
 2091  administration of the Florida Community College System
 2092  institution, which shall include the specific powers and duties
 2093  enumerated in this section. Such rules shall be consistent with
 2094  law, the mission of the Florida Community College System
 2095  institution, and the rules and policies of the State Board of
 2096  Community Colleges Education.
 2097         (2) Prepare a budget request and an operating budget
 2098  pursuant to s. 1011.30 for approval by the Florida Community
 2099  College System institution board of trustees at such time and in
 2100  such format as the State Board of Community Colleges Education
 2101  may prescribe.
 2102         (3) Establish and implement policies and procedures to
 2103  recruit, appoint, transfer, promote, compensate, evaluate,
 2104  reward, demote, discipline, and remove personnel, within law and
 2105  rules of the State Board of Community College Education and in
 2106  accordance with rules or policies approved by the Florida
 2107  Community College System institution board of trustees.
 2108         (4) Govern admissions, subject to law and rules or policies
 2109  of the Florida Community College System institution board of
 2110  trustees and the State Board of Community Colleges Education.
 2111         (5) Approve, execute, and administer contracts for and on
 2112  behalf of the Florida Community College System institution board
 2113  of trustees for licenses; the acquisition or provision of
 2114  commodities, goods, equipment, and services; leases of real and
 2115  personal property; and planning and construction to be rendered
 2116  to or by the Florida Community College System institution,
 2117  provided such contracts are within law and guidelines of the
 2118  State Board of Community Colleges Education and in conformance
 2119  with policies of the Florida Community College System
 2120  institution board of trustees, and are for the implementation of
 2121  approved programs of the Florida Community College System
 2122  institution.
 2123         (6) Act for the Florida Community College System
 2124  institution board of trustees as custodian of all Florida
 2125  Community College System institution property and financial
 2126  resources. The authority vested in the Florida Community College
 2127  System institution president under this subsection includes the
 2128  authority to prioritize the use of Florida Community College
 2129  System institution space, property, equipment, and resources and
 2130  the authority to impose charges for the use of those items.
 2131         (7) Establish the internal academic calendar of the Florida
 2132  Community College System institution within general guidelines
 2133  of the State Board of Community Colleges Education.
 2134         (8) Administer the Florida Community College System
 2135  institution’s program of intercollegiate athletics.
 2136         (9) Recommend to the board of trustees the establishment
 2137  and termination of programs within the approved role and scope
 2138  of the Florida Community College System institution.
 2139         (10) Award degrees.
 2140         (11) Recommend to the board of trustees a schedule of
 2141  tuition and fees to be charged by the Florida Community College
 2142  System institution, within law and rules of the State Board of
 2143  Community Colleges Education.
 2144         (12) Organize the Florida Community College System
 2145  institution to efficiently and effectively achieve the goals of
 2146  the Florida Community College System institution.
 2147         (13) Review periodically the operations of the Florida
 2148  Community College System institution in order to determine how
 2149  effectively and efficiently the Florida Community College System
 2150  institution is being administered and whether it is meeting the
 2151  goals of its strategic plan adopted by the State Board of
 2152  Community Colleges Education.
 2153         (14) Enter into agreements for student exchange programs
 2154  that involve students at the Florida Community College System
 2155  institution and students in other institutions of higher
 2156  learning.
 2157         (15) Approve the internal procedures of student government
 2158  organizations and provide purchasing, contracting, and budgetary
 2159  review processes for these organizations.
 2160         (16) Ensure compliance with federal and state laws, rules,
 2161  regulations, and other requirements that are applicable to the
 2162  Florida Community College System institution.
 2163         (17) Maintain all data and information pertaining to the
 2164  operation of the Florida Community College System institution,
 2165  and report on the attainment by the Florida Community College
 2166  System institution of institutional and statewide performance
 2167  accountability goals.
 2168         (18) Certify to the department a project’s compliance with
 2169  the requirements for expenditure of PECO funds prior to release
 2170  of funds pursuant to the provisions of chapter 1013.
 2171         (19) Provide to the law enforcement agency and fire
 2172  department that has jurisdiction over the Florida Community
 2173  College System institution a copy of the floor plans and other
 2174  relevant documents for each educational facility as defined in
 2175  s. 1013.01(6). After the initial submission of the floor plans
 2176  and other relevant documents, the Florida Community College
 2177  System institution president shall submit, by October 1 of each
 2178  year, revised floor plans and other relevant documents for each
 2179  educational facility that was modified during the preceding
 2180  year.
 2181         (20) Develop and implement jointly with school
 2182  superintendents a comprehensive dual enrollment articulation
 2183  agreement for the students enrolled in their respective school
 2184  districts and service areas pursuant to s. 1007.271(21).
 2185         (21) Have authority, after notice to the student of the
 2186  charges and after a hearing thereon, to expel, suspend, or
 2187  otherwise discipline any student who is found to have violated
 2188  any law, ordinance, or rule or regulation of the State Board of
 2189  Community Colleges Education or of the board of trustees of the
 2190  Florida Community College System institution pursuant to the
 2191  provisions of s. 1006.62.
 2192         (22) Submit an annual employment accountability plan to the
 2193  State Board of Community Colleges Department of Education
 2194  pursuant to the provisions of s. 1012.86.
 2195         (23) Annually evaluate, or have a designee annually
 2196  evaluate, each department chairperson, dean, provost, and vice
 2197  president in achieving the annual and long-term goals and
 2198  objectives of the Florida Community College System institution’s
 2199  employment accountability plan.
 2200         (24) Have vested with the president or the president’s
 2201  designee the authority that is vested with the Florida Community
 2202  College System institution.
 2203         Section 23. Section 1001.66, Florida Statutes, is amended
 2204  to read:
 2205         1001.66  Florida Community College System Performance-Based
 2206  Incentive.—
 2207         (1) A Florida Community College System Performance-Based
 2208  Incentive shall be awarded to Florida Community College System
 2209  institutions using performance-based metrics adopted by the
 2210  State Board of Community Colleges Education. The performance
 2211  based metrics must include retention rates; program completion
 2212  and graduation rates; postgraduation employment, salaries, and
 2213  continuing education for workforce education and baccalaureate
 2214  programs, with wage thresholds that reflect the added value of
 2215  the certificate or degree; and outcome measures appropriate for
 2216  associate of arts degree recipients. The state board shall adopt
 2217  benchmarks to evaluate each institution’s performance on the
 2218  metrics to measure the institution’s achievement of
 2219  institutional excellence or need for improvement and the minimum
 2220  requirements for eligibility to receive performance funding.
 2221         (2) Each fiscal year, the amount of funds available for
 2222  allocation to the Florida Community College System institutions
 2223  based on the performance-based funding model shall consist of
 2224  the state’s investment in performance funding plus institutional
 2225  investments consisting of funds to be redistributed from the
 2226  base funding of the Florida Community College System Program
 2227  Fund as determined in the General Appropriations Act. The State
 2228  Board of Community Colleges Education shall establish minimum
 2229  performance funding eligibility thresholds for the state’s
 2230  investment and the institutional investments. An institution
 2231  that meets the minimum institutional investment eligibility
 2232  threshold, but fails to meet the minimum state investment
 2233  eligibility threshold, shall have its institutional investment
 2234  restored but is ineligible for a share of the state’s investment
 2235  in performance funding. The institutional investment shall be
 2236  restored for all institutions eligible for the state’s
 2237  investment under the performance-based funding model.
 2238         (3)(a) Each Florida Community College System institution’s
 2239  share of the performance funding shall be calculated based on
 2240  its relative performance on the established metrics in
 2241  conjunction with the institutional size and scope.
 2242         (b) A Florida Community College System institution that
 2243  fails to meet the State Board of Community Colleges’ Education’s
 2244  minimum institutional investment performance funding eligibility
 2245  threshold shall have a portion of its institutional investment
 2246  withheld by the state board and must submit an improvement plan
 2247  to the state board which specifies the activities and strategies
 2248  for improving the institution’s performance. The state board
 2249  must review and approve the improvement plan and, if the plan is
 2250  approved, must monitor the institution’s progress in
 2251  implementing the activities and strategies specified in the
 2252  improvement plan. The institution shall submit monitoring
 2253  reports to the state board by December 31 and May 31 of each
 2254  year in which an improvement plan is in place. Beginning in the
 2255  2017-2018 fiscal year, the ability of an institution to submit
 2256  an improvement plan to the state board is limited to 1 fiscal
 2257  year.
 2258         (c) The Chancellor of the Florida Community College System
 2259  Commissioner of Education shall withhold disbursement of the
 2260  institutional investment until the monitoring report is approved
 2261  by the State Board of Community Colleges Education. A Florida
 2262  Community College System institution determined by the state
 2263  board to be making satisfactory progress on implementing the
 2264  improvement plan shall receive no more than one-half of the
 2265  withheld institutional investment in January and the balance of
 2266  the withheld institutional investment in June. An institution
 2267  that fails to make satisfactory progress may not have its full
 2268  institutional investment restored. Any institutional investment
 2269  funds that are not restored shall be redistributed in accordance
 2270  with the state board’s performance-based metrics.
 2271         (4) Distributions of performance funding, as provided in
 2272  this section, shall be made to each of the Florida Community
 2273  College System institutions listed in the Florida Community
 2274  Colleges category in the General Appropriations Act.
 2275         (5) By October 1 of each year, the State Board of Community
 2276  Colleges Education shall submit to the Governor, the President
 2277  of the Senate, and the Speaker of the House of Representatives a
 2278  report on the previous fiscal year’s performance funding
 2279  allocation, which must reflect the rankings and award
 2280  distributions.
 2281         (6) The State Board of Community Colleges Education shall
 2282  adopt rules to administer this section.
 2283         Section 24. Section 1001.67, Florida Statutes, is amended
 2284  to read:
 2285         1001.67 Distinguished Florida Community College System
 2286  Institution Program.—A collaborative partnership is established
 2287  between the State Board of Community Colleges Education and the
 2288  Legislature to recognize the excellence of Florida’s highest
 2289  performing Florida Community College System institutions.
 2290         (1) EXCELLENCE STANDARDS.—The following excellence
 2291  standards are established for the program:
 2292         (a) A 150 percent-of-normal-time completion rate of 50
 2293  percent or higher, as calculated by the Division of Florida
 2294  Colleges.
 2295         (b) A 150 percent-of-normal-time completion rate for Pell
 2296  Grant recipients of 40 percent or higher, as calculated by the
 2297  State Board of Community Division of Florida Colleges.
 2298         (c) A retention rate of 70 percent or higher, as calculated
 2299  by the State Board of Community Division of Florida Colleges.
 2300         (d) A continuing education, or transfer, rate of 72 percent
 2301  or higher for students graduating with an associate of arts
 2302  degree, as reported by the Florida Education and Training
 2303  Placement Information Program (FETPIP).
 2304         (e) A licensure passage rate on the National Council
 2305  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 2306  percent or higher for first-time exam takers, as reported by the
 2307  Board of Nursing.
 2308         (f) A job placement or continuing education rate of 88
 2309  percent or higher for workforce programs, as reported by FETPIP.
 2310         (g) A time-to-degree for students graduating with an
 2311  associate of arts degree of 2.25 years or less for first-time
 2312  in-college students with accelerated college credits, as
 2313  reported by the Southern Regional Education Board.
 2314         (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 2315  Community Colleges Education shall designate each Florida
 2316  Community College System institution that meets five of the
 2317  seven standards identified in subsection (1) as a distinguished
 2318  college.
 2319         (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida Community
 2320  College System institution designated as a distinguished college
 2321  by the State Board of Community Colleges Education is eligible
 2322  for funding as specified in the General Appropriations Act.
 2323         Section 25. Subsection (9) of section 1001.706, Florida
 2324  Statutes, is amended to read:
 2325         1001.706 Powers and duties of the Board of Governors.—
 2326         (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
 2327  shall implement a plan for working on a regular basis with the
 2328  State Board of Education, the State Board of Community Colleges,
 2329  the Commission for Independent Education, the Higher Education
 2330  Coordinating Council, the Articulation Coordinating Committee,
 2331  the university boards of trustees, representatives of the
 2332  Florida Community College System institution boards of trustees,
 2333  representatives of the private colleges and universities, and
 2334  representatives of the district school boards to achieve a
 2335  seamless education system.
 2336         Section 26. Subsections (1) and (18) of section 1002.34,
 2337  Florida Statutes, are amended to read:
 2338         1002.34 Charter technical career centers; governance,
 2339  mission, and responsibilities.—
 2340         (1) MISSION AND AUTHORIZATION.—
 2341         (a) The primary mission of a charter technical career
 2342  center is to promote The Legislature finds that the
 2343  establishment of charter technical career centers can assist in
 2344  promoting advances and innovations in workforce preparation and
 2345  economic development. A charter technical career center may
 2346  provide a learning environment that better serves the needs of a
 2347  specific population group or a group of occupations, thus
 2348  promoting diversity and choices within the public education and
 2349  public postsecondary technical education community in this
 2350  state. Therefore, the creation of such centers is authorized as
 2351  part of the state’s program of public education. A charter
 2352  technical career center may be formed by creating a new school
 2353  or converting an existing school district or Florida Community
 2354  College System institution program to charter technical status.
 2355         (b) A charter technical career center that is operated by a
 2356  district school board may not offer a college credit course or a
 2357  college credit certificate or an associate degree or
 2358  baccalaureate degree program.
 2359         (18) RULES.—The State Board of Education, for technical
 2360  centers operated by school districts, and the State Board of
 2361  Community Colleges, for technical centers operated by Florida
 2362  Community College System institutions, shall adopt rules,
 2363  pursuant to ss. 120.536(1) and 120.54, relating to the
 2364  implementation of charter technical career centers, including
 2365  rules to implement a charter model application form and an
 2366  evaluation instrument in accordance with this section.
 2367         Section 27. Paragraph (b) of subsection (4) of section
 2368  1003.491, Florida Statutes, is amended to read:
 2369         1003.491 Florida Career and Professional Education Act.—The
 2370  Florida Career and Professional Education Act is created to
 2371  provide a statewide planning partnership between the business
 2372  and education communities in order to attract, expand, and
 2373  retain targeted, high-value industry and to sustain a strong,
 2374  knowledge-based economy.
 2375         (4) The State Board of Education shall establish a process
 2376  for the continual and uninterrupted review of newly proposed
 2377  core secondary courses and existing courses requested to be
 2378  considered as core courses to ensure that sufficient rigor and
 2379  relevance is provided for workforce skills and postsecondary
 2380  education and aligned to state curriculum standards.
 2381         (b) The curriculum review committee shall review newly
 2382  proposed core courses electronically. Each proposed core course
 2383  shall be approved or denied within 30 days after submission by a
 2384  district school board or local workforce development board. All
 2385  courses approved as core courses for purposes of middle school
 2386  promotion and high school graduation shall be immediately added
 2387  to the Course Code Directory. Approved core courses shall also
 2388  be reviewed and considered for approval for dual enrollment
 2389  credit. The Board of Governors, the State Board of Community
 2390  Colleges, and the Commissioner of Education shall jointly
 2391  recommend an annual deadline for approval of new core courses to
 2392  be included for purposes of postsecondary admissions and dual
 2393  enrollment credit the following academic year. The State Board
 2394  of Education shall establish an appeals process in the event
 2395  that a proposed course is denied which shall require a consensus
 2396  ruling by the Department of Economic Opportunity and the
 2397  Commissioner of Education within 15 days.
 2398         Section 28. Paragraph (b) of subsection (4) of section
 2399  1003.493, Florida Statutes, is amended to read:
 2400         1003.493 Career and professional academies and career
 2401  themed courses.—
 2402         (4) Each career and professional academy and secondary
 2403  school providing a career-themed course must:
 2404         (b) Include one or more partnerships with postsecondary
 2405  institutions, businesses, industry, employers, economic
 2406  development organizations, or other appropriate partners from
 2407  the local community. Such partnerships with postsecondary
 2408  institutions shall be delineated in articulation agreements and
 2409  include any career and professional academy courses or career
 2410  themed courses that earn postsecondary credit. Such agreements
 2411  may include articulation between the secondary school and public
 2412  or private 2-year and 4-year postsecondary institutions and
 2413  technical centers. The Department of Education, in consultation
 2414  with the Board of Governors and the State Board of Community
 2415  Colleges, shall establish a mechanism to ensure articulation and
 2416  transfer of credits to postsecondary institutions in this state.
 2417  Such partnerships must provide opportunities for:
 2418         1. Instruction from highly skilled professionals who
 2419  possess industry-certification credentials for courses they are
 2420  teaching.
 2421         2. Internships, externships, and on-the-job training.
 2422         3. A postsecondary degree, diploma, or certificate.
 2423         4. The highest available level of industry certification.
 2424         5. Maximum articulation of credits pursuant to s. 1007.23
 2425  upon program completion.
 2426         Section 29. Subsections (4), (5), and (6) of section
 2427  1004.015, Florida Statutes, are amended to read:
 2428         1004.015 Higher Education Coordinating Council.—
 2429         (4) The council shall serve as an advisory board to the
 2430  Legislature, the State Board of Education, and the Board of
 2431  Governors, and the State Board of Community Colleges.
 2432  Recommendations of the council shall be consistent with the
 2433  following guiding principles:
 2434         (a) To achieve within existing resources a seamless
 2435  academic educational system that fosters an integrated continuum
 2436  of kindergarten through graduate school education for Florida’s
 2437  students.
 2438         (b) To promote consistent education policy across all
 2439  educational delivery systems, focusing on students.
 2440         (c) To promote substantially improved articulation across
 2441  all educational delivery systems.
 2442         (d) To promote a system that maximizes educational access
 2443  and allows the opportunity for a high-quality education for all
 2444  Floridians.
 2445         (e) To promote a system of coordinated and consistent
 2446  transfer of credit and data collection for improved
 2447  accountability purposes between the educational delivery
 2448  systems.
 2449         (5) The council shall annually by December 31 submit to the
 2450  Governor, the President of the Senate, the Speaker of the House
 2451  of Representatives, the Board of Governors, the State Board of
 2452  Community Colleges, and the State Board of Education a report
 2453  outlining its recommendations relating to:
 2454         (a) The primary core mission of public and nonpublic
 2455  postsecondary education institutions in the context of state
 2456  access demands and economic development goals.
 2457         (b) Performance outputs and outcomes designed to meet
 2458  annual and long-term state goals, including, but not limited to,
 2459  increased student access, preparedness, retention, transfer, and
 2460  completion. Performance measures must be consistent across
 2461  sectors and allow for a comparison of the state’s performance to
 2462  that of other states.
 2463         (c) The state’s articulation policies and practices to
 2464  ensure that cost benefits to the state are maximized without
 2465  jeopardizing quality. The recommendations shall consider return
 2466  on investment for both the state and students and propose
 2467  systems to facilitate and ensure institutional compliance with
 2468  state articulation policies.
 2469         (d) Workforce development education, specifically
 2470  recommending improvements to the consistency of workforce
 2471  education data collected and reported by Florida Community
 2472  College System institutions and school districts, including the
 2473  establishment of common elements and definitions for any data
 2474  that is used for state and federal funding and program
 2475  accountability.
 2476         (6) The Office of K-20 Articulation, in collaboration with
 2477  the Board of Governors and the State Board of Community Division
 2478  of Florida Colleges, shall provide administrative support for
 2479  the council.
 2480         Section 30. Subsection (7) of section 1004.02, Florida
 2481  Statutes, is amended to read:
 2482         1004.02 Definitions.—As used in this chapter:
 2483         (7) “Applied technology diploma program” means a course of
 2484  study that is part of a technical degree program, is less than
 2485  60 credit hours, and leads to employment in a specific
 2486  occupation. An applied technology diploma program may consist of
 2487  either technical credit or college credit. A public school
 2488  district may offer an applied technology diploma program only as
 2489  technical credit, with college credit awarded to a student upon
 2490  articulation to a Florida Community College System institution.
 2491  Statewide articulation among public schools and Florida
 2492  Community College System institutions is guaranteed by s.
 2493  1007.23, and is subject to guidelines and standards adopted by
 2494  the State Board of Community Colleges Education pursuant to ss.
 2495  1007.24 and 1007.25.
 2496         Section 31. Subsection (2) of section 1004.03, Florida
 2497  Statutes, is amended to read:
 2498         1004.03 Program approval.—
 2499         (2) The State Board of Community Colleges Education shall
 2500  establish criteria for the approval of new programs at Florida
 2501  Community College System institutions, which criteria include,
 2502  but are not limited to, the following:
 2503         (a) New programs may not be approved unless the same
 2504  objectives cannot be met through use of educational technology.
 2505         (b) Unnecessary duplication of programs offered by
 2506  independent institutions shall be avoided.
 2507         (c) Cooperative programs, particularly within regions,
 2508  should be encouraged.
 2509         (d) New programs may be approved only if they are
 2510  consistent with the state master plan adopted by the State Board
 2511  of Community Colleges Education.
 2512         Section 32. Paragraph (f) of subsection (4) of section
 2513  1004.04, Florida Statutes, is amended to read:
 2514         1004.04 Public accountability and state approval for
 2515  teacher preparation programs.—
 2516         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 2517  teacher preparation program shall be based upon evidence that
 2518  the program continues to implement the requirements for initial
 2519  approval and upon significant, objective, and quantifiable
 2520  measures of the program and the performance of the program
 2521  completers.
 2522         (f) By January 1 of each year, the Department of Education
 2523  shall report the results of each approved program’s annual
 2524  progress on the performance measures in paragraph (a) as well as
 2525  the current approval status of each program to:
 2526         1. The Governor.
 2527         2. The President of the Senate.
 2528         3. The Speaker of the House of Representatives.
 2529         4. The State Board of Education.
 2530         5. The Board of Governors.
 2531         6. The State Board of Community Colleges.
 2532         7. The Commissioner of Education.
 2533         8.7. Each Florida postsecondary teacher preparation
 2534  program.
 2535         9.8. Each district school superintendent.
 2536         10.9. The public.
 2537  
 2538  This report may include the results of other continued approval
 2539  requirements provided by State Board of Education rule and
 2540  recommendations for improving teacher preparation programs in
 2541  the state.
 2542         Section 33. Section 1004.07, Florida Statutes, is amended
 2543  to read:
 2544         1004.07 Student withdrawal from courses due to military
 2545  service; effect.—
 2546         (1) Each district school board, Florida Community College
 2547  System institution board of trustees, and state university board
 2548  of trustees shall establish policies regarding currently
 2549  enrolled students who are called to, or enlist in, active
 2550  military service.
 2551         (2) Such policies must shall provide that any student
 2552  enrolled in a postsecondary course or courses at a career
 2553  center, a Florida Community College System institution, or a
 2554  state university may shall not incur academic or financial
 2555  penalties by virtue of performing military service on behalf of
 2556  our country. Such student shall be permitted the option of
 2557  either completing the course or courses at a later date without
 2558  penalty or withdrawing from the course or courses with a full
 2559  refund of fees paid. If the student chooses to withdraw, the
 2560  student’s record shall reflect that the withdrawal is due to
 2561  active military service.
 2562         (3) Policies of district school boards must and Florida
 2563  College System institution boards of trustees shall be
 2564  established by rule and pursuant to guidelines of the State
 2565  Board of Education.
 2566         (4) Policies of state university boards of trustees must
 2567  shall be established by regulation and pursuant to guidelines of
 2568  the Board of Governors.
 2569         (5) Policies of Florida Community College System
 2570  institution boards of trustees must be established by rule and
 2571  pursuant to guidelines of the State Board of Community Colleges.
 2572         Section 34. Section 1004.084, Florida Statutes, is amended
 2573  to read:
 2574         1004.084 College affordability.—
 2575         (1) The Board of Governors and the State Board of Community
 2576  Colleges Education shall annually identify strategies to promote
 2577  college affordability for all Floridians by evaluating, at a
 2578  minimum, the impact of:
 2579         (a) Tuition and fees on undergraduate, graduate, and
 2580  professional students at public colleges and universities and
 2581  graduate assistants employed by public universities.
 2582         (b) Federal, state, and institutional financial aid
 2583  policies on the actual cost of attendance for students and their
 2584  families.
 2585         (c) The costs of textbooks and instructional materials.
 2586         (2) By December 31 of each year, beginning in 2016, the
 2587  Board of Governors and the State Board of Community Colleges
 2588  Education shall submit a report on their respective college
 2589  affordability initiatives to the Governor, the President of the
 2590  Senate, and the Speaker of the House of Representatives.
 2591         Section 35. Paragraph (d) of subsection (3) and subsections
 2592  (6), (7), and (8) of section 1004.085, Florida Statutes, are
 2593  amended to read:
 2594         1004.085 Textbook and instructional materials
 2595  affordability.—
 2596         (3) An employee may receive:
 2597         (d) Fees associated with activities such as reviewing,
 2598  critiquing, or preparing support materials for textbooks or
 2599  instructional materials pursuant to guidelines adopted by the
 2600  State Board of Community Colleges Education or the Board of
 2601  Governors.
 2602         (6) Each Florida Community College System institution and
 2603  state university shall post prominently in the course
 2604  registration system and on its website, as early as is feasible,
 2605  but at least 45 days before the first day of class for each
 2606  term, a hyperlink to lists of required and recommended textbooks
 2607  and instructional materials for at least 95 percent of all
 2608  courses and course sections offered at the institution during
 2609  the upcoming term. The lists must include the International
 2610  Standard Book Number (ISBN) for each required and recommended
 2611  textbook and instructional material or other identifying
 2612  information, which must include, at a minimum, all of the
 2613  following: the title, all authors listed, publishers, edition
 2614  number, copyright date, published date, and other relevant
 2615  information necessary to identify the specific textbooks or
 2616  instructional materials required and recommended for each
 2617  course. The State Board of Community Colleges Education and the
 2618  Board of Governors shall include in the policies, procedures,
 2619  and guidelines adopted under subsection (7) certain limited
 2620  exceptions to this notification requirement for classes added
 2621  after the notification deadline.
 2622         (7) After receiving input from students, faculty,
 2623  bookstores, and publishers, the State Board of Community
 2624  Colleges Education and the Board of Governors each shall adopt
 2625  textbook and instructional materials affordability policies,
 2626  procedures, and guidelines for implementation by Florida
 2627  Community College System institutions and state universities,
 2628  respectively, that further efforts to minimize the cost of
 2629  textbooks and instructional materials for students attending
 2630  such institutions while maintaining the quality of education and
 2631  academic freedom. The policies, procedures, and guidelines shall
 2632  address:
 2633         (a) The establishment of deadlines for an instructor or
 2634  department to notify the bookstore of required and recommended
 2635  textbooks and instructional materials so that the bookstore may
 2636  verify availability, source lower cost options when practicable,
 2637  explore alternatives with faculty when academically appropriate,
 2638  and maximize the availability of used textbooks and
 2639  instructional materials.
 2640         (b) Confirmation by the course instructor or academic
 2641  department offering the course, before the textbook or
 2642  instructional materials adoption is finalized, of the intent to
 2643  use all items ordered, particularly each individual item sold as
 2644  part of a bundled package.
 2645         (c) Determination by a course instructor or the academic
 2646  department offering the course, before a textbook or
 2647  instructional material is adopted, of the extent to which a new
 2648  edition differs significantly and substantively from earlier
 2649  versions and the value to the student of changing to a new
 2650  edition or the extent to which an open-access textbook or
 2651  instructional material is available.
 2652         (d) The availability of required and recommended textbooks
 2653  and instructional materials to students otherwise unable to
 2654  afford the cost, including consideration of the extent to which
 2655  an open-access textbook or instructional material may be used.
 2656         (e) Participation by course instructors and academic
 2657  departments in the development, adaptation, and review of open
 2658  access textbooks and instructional materials and, in particular,
 2659  open-access textbooks and instructional materials for high
 2660  demand general education courses.
 2661         (f) Consultation with school districts to identify
 2662  practices that impact the cost of dual enrollment textbooks and
 2663  instructional materials to school districts, including, but not
 2664  limited to, the length of time that textbooks and instructional
 2665  materials remain in use.
 2666         (g) Selection of textbooks and instructional materials
 2667  through cost-benefit analyses that enable students to obtain the
 2668  highest-quality product at the lowest available price, by
 2669  considering:
 2670         1. Purchasing digital textbooks in bulk.
 2671         2. Expanding the use of open-access textbooks and
 2672  instructional materials.
 2673         3. Providing rental options for textbooks and instructional
 2674  materials.
 2675         4. Increasing the availability and use of affordable
 2676  digital textbooks and learning objects.
 2677         5. Developing mechanisms to assist in buying, renting,
 2678  selling, and sharing textbooks and instructional materials.
 2679         6. The length of time that textbooks and instructional
 2680  materials remain in use.
 2681         7. An evaluation of cost savings for textbooks and
 2682  instructional materials which a student may realize if
 2683  individual students are able to exercise opt-in provisions for
 2684  the purchase of the materials.
 2685         (8) The board of trustees of each Florida Community College
 2686  System institution and state university shall report, by
 2687  September 30 of each year, beginning in 2016, to the Chancellor
 2688  of the Florida Community College System or the Chancellor of the
 2689  State University System, as applicable, the textbook and
 2690  instructional materials selection process for general education
 2691  courses with a wide cost variance identified pursuant to
 2692  subsection (4) and high-enrollment courses; specific initiatives
 2693  of the institution designed to reduce the costs of textbooks and
 2694  instructional materials; policies implemented in accordance with
 2695  subsection (6); the number of courses and course sections that
 2696  were not able to meet the textbook and instructional materials
 2697  posting deadline for the previous academic year; and any
 2698  additional information determined by the chancellors. By
 2699  November 1 of each year, beginning in 2016, each chancellor
 2700  shall provide a summary of the information provided by
 2701  institutions to the State Board of Community Colleges Education
 2702  and the Board of Governors, as applicable.
 2703         Section 36. Section 1004.096, Florida Statutes, is amended
 2704  to read:
 2705         1004.096 College credit for military training and education
 2706  courses.—The Board of Governors shall adopt regulations and the
 2707  State Board of Community Colleges Education shall adopt rules
 2708  that enable eligible servicemembers or veterans of the United
 2709  States Armed Forces to earn academic college credit at public
 2710  postsecondary educational institutions for college-level
 2711  training and education acquired in the military. The regulations
 2712  and rules shall include procedures for credential evaluation and
 2713  the award of academic college credit, including, but not limited
 2714  to, equivalency and alignment of military coursework with
 2715  appropriate college courses, course descriptions, type and
 2716  amount of college credit that may be awarded, and transfer of
 2717  credit.
 2718         Section 37. Section 1004.0961, Florida Statutes, is amended
 2719  to read:
 2720         1004.0961 Credit for online courses.—Beginning in the 2015
 2721  2016 school year, The State Board of Community Colleges
 2722  Education shall adopt rules and the Board of Governors shall
 2723  adopt regulations that enable students to earn academic credit
 2724  for online courses, including massive open online courses,
 2725  before initial enrollment at a postsecondary institution. The
 2726  rules of the State Board of Community Colleges Education and
 2727  regulations of the Board of Governors must include procedures
 2728  for credential evaluation and the award of credit, including,
 2729  but not limited to, recommendations for credit by the American
 2730  Council on Education; equivalency and alignment of coursework
 2731  with appropriate courses; course descriptions; type and amount
 2732  of credit that may be awarded; and transfer of credit.
 2733         Section 38. Section 1004.35, Florida Statutes, is amended
 2734  to read:
 2735         1004.35 Broward County campuses of Florida Atlantic
 2736  University; coordination with other institutions.—The State
 2737  Board of Community Colleges Education, the Board of Governors,
 2738  and Florida Atlantic University shall consult with Broward
 2739  College and Florida International University in coordinating
 2740  course offerings at the postsecondary level in Broward County.
 2741  Florida Atlantic University may contract with the Board of
 2742  Trustees of Broward College and with Florida International
 2743  University to provide instruction in courses offered at the
 2744  Southeast Campus. Florida Atlantic University shall increase
 2745  course offerings at the Southeast Campus as facilities become
 2746  available.
 2747         Section 39. Paragraphs (c) and (d) of subsection (5) and
 2748  subsections (8) and (9) of section 1004.6495, Florida Statutes,
 2749  are amended to read:
 2750         1004.6495 Florida Postsecondary Comprehensive Transition
 2751  Program and Florida Center for Students with Unique Abilities.—
 2752         (5) CENTER RESPONSIBILITIES.—The Florida Center for
 2753  Students with Unique Abilities is established within the
 2754  University of Central Florida. At a minimum, the center shall:
 2755         (c) Create the application for the initial approval and
 2756  renewal of approval as an FPCTP for use by an eligible
 2757  institution which, at a minimum, must align with the federal
 2758  comprehensive transition and postsecondary program application
 2759  requirements. Notwithstanding the program approval requirements
 2760  of s. 1004.03, the director shall review applications for the
 2761  initial approval of an application for, or renewal of approval
 2762  of, an FPCTP.
 2763         1. Within 30 days after receipt of an application, the
 2764  director shall issue his or her recommendation regarding
 2765  approval to the Chancellor of the State University System, or
 2766  the Chancellor of the Florida Community College System, or the
 2767  Commissioner of Education, as applicable, or shall give written
 2768  notice to the applicant of any deficiencies in the application,
 2769  which the eligible institution must be given an opportunity to
 2770  correct. Within 15 days after receipt of a notice of
 2771  deficiencies, an eligible institution that chooses to continue
 2772  to seek program approval shall correct the application
 2773  deficiencies and return the application to the center. Within 30
 2774  days after receipt of a revised application, the director shall
 2775  recommend approval or disapproval of the revised application to
 2776  the applicable chancellor or the commissioner, as applicable.
 2777  Within 15 days after receipt of the director’s recommendation,
 2778  the applicable chancellor or the commissioner shall approve or
 2779  disapprove the recommendation. If the applicable chancellor or
 2780  the commissioner does not act on the director’s recommendation
 2781  within 15 days after receipt of such recommendation, the
 2782  comprehensive transition program proposed by the institution
 2783  shall be considered approved.
 2784         2. Initial approval of an application for an FPCTP that
 2785  meets the requirements of this section is valid for the 3
 2786  academic years immediately following the academic year during
 2787  which the approval is granted. An eligible institution may
 2788  submit an application to the center requesting that the initial
 2789  approval be renewed. If the approval is granted and the FPCTP
 2790  continues to meet the requirements of this section, including,
 2791  but not limited to, program and student performance outcomes,
 2792  and federal requirements, a renewal is valid for the 5 academic
 2793  years immediately following the academic year during which the
 2794  renewal is granted.
 2795         3. An application must, at a minimum:
 2796         a. Identify a credential associated with the proposed
 2797  program which will be awarded to eligible students upon
 2798  completion of the FPCTP.
 2799         b. Outline the program length and design, including, at a
 2800  minimum, inclusive and successful experiential education
 2801  practices relating to curricular, assessment, and advising
 2802  structure and internship and employment opportunities, which
 2803  must support students with intellectual disabilities who are
 2804  seeking to continue academic, career and technical, and
 2805  independent living instruction at an eligible institution,
 2806  including, but not limited to, opportunities to earn industry
 2807  certifications, to prepare students for gainful employment. If
 2808  an eligible institution offers a credit-bearing degree program,
 2809  the institution is responsible for maintaining the rigor and
 2810  effectiveness of a comprehensive transition degree program at
 2811  the same level as other comparable degree programs offered by
 2812  the institution pursuant to applicable accreditation standards.
 2813         c. Outline a plan for students with intellectual
 2814  disabilities to be integrated socially and academically with
 2815  nondisabled students, to the maximum extent possible, and to
 2816  participate on not less than a half-time basis, as determined by
 2817  the eligible institution, with such participation focusing on
 2818  academic components and occurring through one or more of the
 2819  following activities with nondisabled students:
 2820         (I) Regular enrollment in credit-bearing courses offered by
 2821  the institution.
 2822         (II) Auditing or participating in courses offered by the
 2823  institution for which the student does not receive academic
 2824  credit.
 2825         (III) Enrollment in noncredit-bearing, nondegree courses.
 2826         (IV) Participation in internships or work-based training.
 2827         d. Outline a plan for partnerships with businesses to
 2828  promote experiential training and employment opportunities for
 2829  students with intellectual disabilities.
 2830         e. Identify performance indicators pursuant to subsection
 2831  (8) and other requirements identified by the center.
 2832         f. Outline a 5-year plan incorporating enrollment and
 2833  operational expectations for the program.
 2834         (d) Provide technical assistance regarding programs and
 2835  services for students with intellectual disabilities to
 2836  administrators, instructors, staff, and others, as applicable,
 2837  at eligible institutions by:
 2838         1. Holding meetings and annual workshops to share
 2839  successful practices and to address issues or concerns.
 2840         2. Facilitating collaboration between eligible institutions
 2841  and school districts, private schools operating pursuant to s.
 2842  1002.42, and parents of students enrolled in home education
 2843  programs operating pursuant to s. 1002.41 in assisting students
 2844  with intellectual disabilities and their parents to plan for the
 2845  transition of such students into an FPCTP or another program at
 2846  an eligible institution.
 2847         3. Assisting eligible institutions with FPCTP and federal
 2848  comprehensive transition and postsecondary program applications.
 2849         4. Assisting eligible institutions with the identification
 2850  of funding sources for an FPCTP and for student financial
 2851  assistance for students enrolled in an FPCTP.
 2852         5. Monitoring federal and state law relating to the
 2853  comprehensive transition program and notifying the Legislature,
 2854  the Governor, the Board of Governors, the State Board of
 2855  Community Colleges, and the State Board of Education of any
 2856  change in law which may impact the implementation of this
 2857  section.
 2858         (8) ACCOUNTABILITY.—
 2859         (a) The center, in collaboration with the Board of
 2860  Governors and the State Board of Community Colleges Education,
 2861  shall identify indicators for the satisfactory progress of a
 2862  student in an FPCTP and for the performance of such programs.
 2863  Each eligible institution must address the indicators identified
 2864  by the center in its application for the approval of a proposed
 2865  program and for the renewal of an FPCTP and in the annual report
 2866  that the institution submits to the center.
 2867         (b) By October 1 of each year, the center shall provide to
 2868  the Governor, the President of the Senate, the Speaker of the
 2869  House of Representatives, the Chancellor of the State University
 2870  System, and the Chancellor of the Florida Community College
 2871  System Commissioner of Education a report summarizing
 2872  information including, but not limited to:
 2873         1. The status of the statewide coordination of FPCTPs and
 2874  the implementation of FPCTPs at eligible institutions including,
 2875  but not limited to:
 2876         a. The number of applications approved and disapproved and
 2877  the reasons for each disapproval and no action taken by the
 2878  chancellor or the commissioner.
 2879         b. The number and value of all scholarships awarded to
 2880  students and undisbursed advances remitted to the center
 2881  pursuant to subsection (7).
 2882         2. Indicators identified by the center pursuant to
 2883  paragraph (a) and the performance of each eligible institution
 2884  based on the indicators identified in paragraph (6)(c).
 2885         3. The projected number of students with intellectual
 2886  disabilities who may be eligible to enroll in the FPCTPs within
 2887  the next academic year.
 2888         4. Education programs and services for students with
 2889  intellectual disabilities which are available at eligible
 2890  institutions.
 2891         (c) Beginning in the 2016-2017 fiscal year, the center, in
 2892  collaboration with the Board of Governors, State Board of
 2893  Community Colleges Education, Higher Education Coordinating
 2894  Council, and other stakeholders, by December 1 of each year,
 2895  shall submit to the Governor, the President of the Senate, and
 2896  the Speaker of the House of Representatives statutory and budget
 2897  recommendations for improving the implementation and delivery of
 2898  FPCTPs and other education programs and services for students
 2899  with disabilities.
 2900         (9) RULES.—The Board of Governors and the State Board of
 2901  Community Colleges Education, in consultation with the center,
 2902  shall expeditiously adopt any necessary regulations and rules,
 2903  as applicable, to allow the center to perform its
 2904  responsibilities pursuant to this section beginning in the 2016
 2905  2017 fiscal year.
 2906         Section 40. Section 1004.65, Florida Statutes, is amended
 2907  to read:
 2908         1004.65 Florida Community College System institutions;
 2909  governance, mission, and responsibilities.—
 2910         (1) Each Florida Community College System institution shall
 2911  be governed by a district board of trustees under statutory
 2912  authority and rules of the State Board of Community Colleges
 2913  Education.
 2914         (2) Each Florida Community College System institution
 2915  district shall:
 2916         (a) Consist of the county or counties served by the Florida
 2917  Community College System institution pursuant to s. 1000.21(3).
 2918         (b) Be an independent, separate, legal entity created for
 2919  the operation of a Florida Community College System institution.
 2920         (3) Florida Community College System institutions are
 2921  locally based and governed entities with statutory and funding
 2922  ties to state government. As such, the mission for Florida
 2923  Community College System institutions reflects a commitment to
 2924  be responsive to local educational needs and challenges. In
 2925  achieving this mission, Florida Community College System
 2926  institutions strive to maintain sufficient local authority and
 2927  flexibility while preserving appropriate legal accountability to
 2928  the state.
 2929         (4) As comprehensive institutions, Florida Community
 2930  College System institutions shall provide high-quality,
 2931  affordable education and training opportunities, shall foster a
 2932  climate of excellence, and shall provide opportunities to all
 2933  while combining high standards with an open-door admission
 2934  policy for lower-division programs. Florida Community College
 2935  System institutions shall, as open-access institutions, serve
 2936  all who can benefit, without regard to age, race, gender, creed,
 2937  or ethnic or economic background, while emphasizing the
 2938  achievement of social and educational equity so that all can be
 2939  prepared for full participation in society.
 2940         (5) The primary mission and responsibility of Florida
 2941  Community College System institutions is responding to community
 2942  needs for postsecondary academic education and career degree
 2943  education. This mission and responsibility includes being
 2944  responsible for:
 2945         (a) Providing lower-level lower level undergraduate
 2946  instruction and awarding associate degrees.
 2947         (b) Preparing students directly for careers requiring less
 2948  than baccalaureate degrees. This may include preparing for job
 2949  entry, supplementing of skills and knowledge, and responding to
 2950  needs in new areas of technology. Career education in a Florida
 2951  Community College System institution consists shall consist of
 2952  career certificates, nationally recognized industry
 2953  certifications, credit courses leading to associate in science
 2954  degrees and associate in applied science degrees, and other
 2955  programs in fields requiring substantial academic work,
 2956  background, or qualifications. A Florida Community College
 2957  System institution may offer career education programs in fields
 2958  having lesser academic or technical requirements.
 2959         (c) Providing student development services, including
 2960  assessment, student tracking, support for disabled students,
 2961  advisement, counseling, financial aid, career development, and
 2962  remedial and tutorial services, to ensure student success.
 2963         (d) Promoting economic development for the state within
 2964  each Florida Community College System institution district
 2965  through the provision of special programs, including, but not
 2966  limited to, the:
 2967         1. Enterprise Florida-related programs.
 2968         2. Technology transfer centers.
 2969         3. Economic development centers.
 2970         4. Workforce literacy programs.
 2971         (e) Providing dual enrollment instruction.
 2972         (f) Providing upper level instruction and awarding
 2973  baccalaureate degrees as specifically authorized by law.
 2974         (6) A separate and secondary role for Florida Community
 2975  College System institutions includes the offering of programs
 2976  in:
 2977         (a) Programs in community services that are not directly
 2978  related to academic or occupational advancement.
 2979         (b) Programs in adult education services, including adult
 2980  basic education, adult general education, adult secondary
 2981  education, and high school equivalency examination instruction.
 2982         (c) Programs in recreational and leisure services.
 2983         (d) Upper-level instruction and awarding baccalaureate
 2984  degrees as specifically authorized by law.
 2985         (7) Funding for Florida Community College System
 2986  institutions must shall reflect their mission as follows:
 2987         (a) Postsecondary academic and career education programs
 2988  and adult general education programs must shall have first
 2989  priority in Florida Community College System institution
 2990  funding.
 2991         (b) Community service programs shall be presented to the
 2992  Legislature with rationale for state funding. The Legislature
 2993  may identify priority areas for use of these funds.
 2994         (c) The resources of a Florida Community College System
 2995  institution, including staff, faculty, land, and facilities, may
 2996  shall not be used to support the establishment of a new
 2997  independent nonpublic educational institution. If any
 2998  institution uses resources for such purpose, the State Board of
 2999  Community Division of Florida Colleges shall notify the
 3000  President of the Senate and the Speaker of the House of
 3001  Representatives.
 3002         (8) Florida Community College System institutions are
 3003  authorized to:
 3004         (a) Offer such programs and courses as are necessary to
 3005  fulfill their mission.
 3006         (b) Grant associate in arts degrees, associate in science
 3007  degrees, associate in applied science degrees, certificates,
 3008  awards, and diplomas.
 3009         (c) Make provisions for the high school equivalency
 3010  examination.
 3011         (d) Provide access to and award baccalaureate degrees in
 3012  accordance with law.
 3013  
 3014  Authority to offer one or more baccalaureate degree programs
 3015  does not alter the governance relationship of the Florida
 3016  Community College System institution with its district board of
 3017  trustees or the State Board of Community Colleges Education.
 3018         Section 41. Section 1004.67, Florida Statutes, is amended
 3019  to read:
 3020         1004.67 Florida Community College System institutions;
 3021  legislative intent.—It is The legislative intent that Florida
 3022  Community College System institutions, constituted as political
 3023  subdivisions of the state, continue to be operated by Florida
 3024  Community College System institution boards of trustees as
 3025  provided in s. 1001.63 and that no department, bureau, division,
 3026  agency, or subdivision of the state exercise any responsibility
 3027  and authority to operate any Florida Community College System
 3028  institution of the state except as specifically provided by law
 3029  or rules of the State Board of Community Colleges Education.
 3030         Section 42. Section 1004.70, Florida Statutes, is amended
 3031  to read:
 3032         1004.70 Florida Community College System institution
 3033  direct-support organizations.—
 3034         (1) DEFINITIONS.—For the purposes of this section:
 3035         (a) “Florida Community College System institution direct
 3036  support organization” means an organization that is:
 3037         1. A Florida corporation not for profit, incorporated under
 3038  the provisions of chapter 617 and approved by the Department of
 3039  State.
 3040         2. Organized and operated exclusively to receive, hold,
 3041  invest, and administer property and to make expenditures to, or
 3042  for the benefit of, a Florida Community College System
 3043  institution in this state.
 3044         3. An organization that the Florida Community College
 3045  System institution board of trustees, after review, has
 3046  certified to be operating in a manner consistent with the goals
 3047  of the Florida Community College System institution and in the
 3048  best interest of the state. Any organization that is denied
 3049  certification by the board of trustees may not use the name of
 3050  the Florida Community College System institution that it serves.
 3051         (b) “Personal services” includes full-time or part-time
 3052  personnel as well as payroll processing.
 3053         (2) BOARD OF DIRECTORS.—The chair of the board of trustees
 3054  shall appoint a representative to the board of directors and the
 3055  executive committee of each direct-support organization
 3056  established under this section, including those established
 3057  before July 1, 1998. The president of the Florida Community
 3058  College System institution for which the direct-support
 3059  organization is established, or the president’s designee, shall
 3060  also serve on the board of directors and the executive committee
 3061  of the direct-support organization, including any direct-support
 3062  organization established before July 1, 1998.
 3063         (3) USE OF PROPERTY.—
 3064         (a) The board of trustees is authorized to permit the use
 3065  of property, facilities, and personal services at any Florida
 3066  Community College System institution by any Florida Community
 3067  College System institution direct-support organization, subject
 3068  to the provisions of this section.
 3069         (b) The board of trustees is authorized to prescribe by
 3070  rule any condition with which a Florida Community College System
 3071  institution direct-support organization must comply in order to
 3072  use property, facilities, or personal services at any Florida
 3073  Community College System institution.
 3074         (c) The board of trustees may not permit the use of
 3075  property, facilities, or personal services at any Florida
 3076  Community College System institution by any Florida Community
 3077  College System institution direct-support organization that does
 3078  not provide equal employment opportunities to all persons
 3079  regardless of race, color, national origin, gender, age, or
 3080  religion.
 3081         (4) ACTIVITIES; RESTRICTIONS.—
 3082         (a) A direct-support organization may, at the request of
 3083  the board of trustees, provide residency opportunities on or
 3084  near campus for students.
 3085         (b) A direct-support organization that constructs
 3086  facilities for use by a Florida Community College System
 3087  institution or its students must comply with all requirements of
 3088  law relating to the construction of facilities by a Florida
 3089  Community College System institution, including requirements for
 3090  competitive bidding.
 3091         (c) Any transaction or agreement between one direct-support
 3092  organization and another direct-support organization must be
 3093  approved by the board of trustees.
 3094         (d) A Florida Community College System institution direct
 3095  support organization is prohibited from giving, either directly
 3096  or indirectly, any gift to a political committee as defined in
 3097  s. 106.011 for any purpose other than those certified by a
 3098  majority roll call vote of the governing board of the direct
 3099  support organization at a regularly scheduled meeting as being
 3100  directly related to the educational mission of the Florida
 3101  Community College System institution.
 3102         (e) A Florida Community College System institution board of
 3103  trustees must authorize all debt, including lease-purchase
 3104  agreements, incurred by a direct-support organization.
 3105  Authorization for approval of short-term loans and lease
 3106  purchase agreements for a term of not more than 5 years,
 3107  including renewals, extensions, and refundings, for goods,
 3108  materials, equipment, and services may be delegated by the board
 3109  of trustees to the board of directors of the direct-support
 3110  organization. Trustees shall evaluate proposals for debt
 3111  according to guidelines issued by the State Board of Community
 3112  Division of Florida Colleges. Revenues of the Florida Community
 3113  College System institution may not be pledged to debt issued by
 3114  direct-support organizations.
 3115         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3116  organization shall submit to the board of trustees its federal
 3117  Internal Revenue Service Application for Recognition of
 3118  Exemption form (Form 1023) and its federal Internal Revenue
 3119  Service Return of Organization Exempt from Income Tax form (Form
 3120  990).
 3121         (6) ANNUAL AUDIT.—Each direct-support organization shall
 3122  provide for an annual financial audit in accordance with rules
 3123  adopted by the Auditor General pursuant to s. 11.45(8). The
 3124  annual audit report must be submitted, within 9 months after the
 3125  end of the fiscal year, to the Auditor General, the State Board
 3126  of Community Colleges Education, and the board of trustees for
 3127  review. The board of trustees, the Auditor General, and the
 3128  Office of Program Policy Analysis and Government Accountability
 3129  may require and receive from the organization or from its
 3130  independent auditor any detail or supplemental data relative to
 3131  the operation of the organization. The identity of donors who
 3132  desire to remain anonymous shall be protected, and that
 3133  anonymity shall be maintained in the auditor’s report. All
 3134  records of the organization, other than the auditor’s report,
 3135  any information necessary for the auditor’s report, any
 3136  information related to the expenditure of funds, and any
 3137  supplemental data requested by the board of trustees, the
 3138  Auditor General, and the Office of Program Policy Analysis and
 3139  Government Accountability, shall be confidential and exempt from
 3140  the provisions of s. 119.07(1).
 3141         Section 43. Section 1004.71, Florida Statutes, is amended
 3142  to read:
 3143         1004.71 Statewide Florida Community College System
 3144  institution direct-support organizations.—
 3145         (1) DEFINITIONS.—For the purposes of this section:
 3146         (a) “Statewide Florida Community College System institution
 3147  direct-support organization” means an organization that is:
 3148         1. A Florida corporation not for profit, incorporated under
 3149  the provisions of chapter 617 and approved by the Department of
 3150  State.
 3151         2. Organized and operated exclusively to receive, hold,
 3152  invest, and administer property and to make expenditures to, or
 3153  for the benefit of, the Florida Community College System
 3154  institutions in this state.
 3155         3. An organization that the State Board of Community
 3156  Colleges Education, after review, has certified to be operating
 3157  in a manner consistent with the goals of the Florida Community
 3158  College System institutions and in the best interest of the
 3159  state.
 3160         (b) “Personal services” includes full-time or part-time
 3161  personnel as well as payroll processing.
 3162         (2) BOARD OF DIRECTORS.—The chair of the State Board of
 3163  Community Colleges Education may appoint a representative to the
 3164  board of directors and the executive committee of any statewide,
 3165  direct-support organization established under this section or s.
 3166  1004.70. The chair of the State Board of Community Colleges
 3167  Education, or the chair’s designee, shall also serve on the
 3168  board of directors and the executive committee of any direct
 3169  support organization established to benefit Florida Community
 3170  College System institutions.
 3171         (3) USE OF PROPERTY.—
 3172         (a) The State Board of Education may permit the use of
 3173  property, facilities, and personal services of the Department of
 3174  Education by any statewide Florida Community College System
 3175  institution direct-support organization, subject to the
 3176  provisions of this section.
 3177         (b) The State Board of Education may prescribe by rule any
 3178  condition with which a statewide Florida Community College
 3179  System institution direct-support organization must comply in
 3180  order to use property, facilities, or personal services of the
 3181  Department of Education.
 3182         (c) The State Board of Education may not permit the use of
 3183  property, facilities, or personal services of the Department of
 3184  Education by any statewide Florida Community College System
 3185  institution direct-support organization that does not provide
 3186  equal employment opportunities to all persons regardless of
 3187  race, color, national origin, gender, age, or religion.
 3188         (4) RESTRICTIONS.—
 3189         (a) A statewide, direct-support organization may not use
 3190  public funds to acquire, construct, maintain, or operate any
 3191  facilities.
 3192         (b) Any transaction or agreement between a statewide,
 3193  direct-support organization and any other direct-support
 3194  organization must be approved by the State Board of Community
 3195  Colleges Education.
 3196         (c) A statewide Florida Community College System
 3197  institution direct-support organization is prohibited from
 3198  giving, either directly or indirectly, any gift to a political
 3199  committee as defined in s. 106.011 for any purpose other than
 3200  those certified by a majority roll call vote of the governing
 3201  board of the direct-support organization at a regularly
 3202  scheduled meeting as being directly related to the educational
 3203  mission of the State Board of Community Colleges Education.
 3204         (5) ANNUAL BUDGETS AND REPORTS.—Each direct-support
 3205  organization shall submit to the State Board of Community
 3206  Colleges Education its federal Internal Revenue Service
 3207  Application for Recognition of Exemption form (Form 1023) and
 3208  its federal Internal Revenue Service Return of Organization
 3209  Exempt from Income Tax form (Form 990).
 3210         (6) ANNUAL AUDIT.—A statewide Florida Community College
 3211  System institution direct-support organization shall provide for
 3212  an annual financial audit in accordance with s. 1004.70. The
 3213  identity of a donor or prospective donor who desires to remain
 3214  anonymous and all information identifying such donor or
 3215  prospective donor are confidential and exempt from the
 3216  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 3217  Constitution. Such anonymity shall be maintained in the
 3218  auditor’s report.
 3219         Section 44. Subsection (4) of section 1004.74, Florida
 3220  Statutes, is amended to read:
 3221         1004.74 Florida School of the Arts.—
 3222         (4) The Council for the Florida School of the Arts shall be
 3223  established to advise the Florida Community College System
 3224  institution district board of trustees on matters pertaining to
 3225  the operation of the school. The council shall consist of nine
 3226  members, appointed jointly by the Chancellor of the Florida
 3227  Community College System and the Commissioner of Education for
 3228  4-year terms. A member may serve three terms and may serve until
 3229  replaced.
 3230         Section 45. Section 1004.78, Florida Statutes, is amended
 3231  to read:
 3232         1004.78 Technology transfer centers at Florida Community
 3233  College System institutions.—
 3234         (1) Each Florida Community College System institution may
 3235  establish a technology transfer center for the purpose of
 3236  providing institutional support to local business and industry
 3237  and governmental agencies in the application of new research in
 3238  technology. The primary responsibilities of such centers may
 3239  include: identifying technology research developed by
 3240  universities, research institutions, businesses, industries, the
 3241  United States Armed Forces, and other state or federal
 3242  governmental agencies; determining and demonstrating the
 3243  application of technologies; training workers to integrate
 3244  advanced equipment and production processes; and determining for
 3245  business and industry the feasibility and efficiency of
 3246  accommodating advanced technologies.
 3247         (2) The Florida Community College System institution board
 3248  of trustees shall set such policies to regulate the activities
 3249  of the technology transfer center as it may consider necessary
 3250  to effectuate the purposes of this section and to administer the
 3251  programs of the center in a manner which assures efficiency and
 3252  effectiveness, producing the maximum benefit for the educational
 3253  programs and maximum service to the state. To this end,
 3254  materials that relate to methods of manufacture or production,
 3255  potential trade secrets, potentially patentable material, actual
 3256  trade secrets, business transactions, or proprietary information
 3257  received, generated, ascertained, or discovered during the
 3258  course of activities conducted within the Florida Community
 3259  College System institutions shall be confidential and exempt
 3260  from the provisions of s. 119.07(1), except that a Florida
 3261  Community College System institution shall make available upon
 3262  request the title and description of a project, the name of the
 3263  investigator, and the amount and source of funding provided for
 3264  such project.
 3265         (3) A technology transfer center created under the
 3266  provisions of this section shall be under the supervision of the
 3267  board of trustees of that Florida Community College System
 3268  institution, which is authorized to appoint a director; to
 3269  employ full-time and part-time staff, research personnel, and
 3270  professional services; to employ on a part-time basis personnel
 3271  of the Florida Community College System institution; and to
 3272  employ temporary employees whose salaries are paid entirely from
 3273  the permanent technology transfer fund or from that fund in
 3274  combination with other nonstate sources, with such positions
 3275  being exempt from the requirements of the Florida Statutes
 3276  relating to salaries, except that no such appointment shall be
 3277  made for a total period of longer than 1 year.
 3278         (4) The board of trustees of the Florida Community College
 3279  System institution in which a technology transfer center is
 3280  created, or its designee, may negotiate, enter into, and execute
 3281  contracts; solicit and accept grants and donations; and fix and
 3282  collect fees, other payments, and donations that may accrue by
 3283  reason thereof for technology transfer activities. The board of
 3284  trustees or its designee may negotiate, enter into, and execute
 3285  contracts on a cost-reimbursement basis and may provide
 3286  temporary financing of such costs prior to reimbursement from
 3287  moneys on deposit in the technology transfer fund, except as may
 3288  be prohibited elsewhere by law.
 3289         (5) A technology transfer center shall be financed from the
 3290  Academic Improvement Program or from moneys of a Florida
 3291  Community College System institution which are on deposit or
 3292  received for use in the activities conducted in the center. Such
 3293  moneys shall be deposited by the Florida Community College
 3294  System institution in a permanent technology transfer fund in a
 3295  depository or depositories approved for the deposit of state
 3296  funds and shall be accounted for and disbursed subject to audit
 3297  by the Auditor General.
 3298         (6) The fund balance in any existing research trust fund of
 3299  a Florida Community College System institution at the time a
 3300  technology transfer center is created shall be transferred to a
 3301  permanent technology transfer fund established for the Florida
 3302  Community College System institution, and thereafter the fund
 3303  balance of the technology transfer fund at the end of any fiscal
 3304  period may be used during any succeeding period pursuant to this
 3305  section.
 3306         (7) Moneys deposited in the permanent technology transfer
 3307  fund of a Florida Community College System institution shall be
 3308  disbursed in accordance with the terms of the contract, grant,
 3309  or donation under which they are received. Moneys received for
 3310  overhead or indirect costs and other moneys not required for the
 3311  payment of direct costs shall be applied to the cost of
 3312  operating the technology transfer center.
 3313         (8) All purchases of a technology transfer center shall be
 3314  made in accordance with the policies and procedures of the
 3315  Florida Community College System institution.
 3316         (9) The Florida Community College System institution board
 3317  of trustees may authorize the construction, alteration, or
 3318  remodeling of buildings when the funds used are derived entirely
 3319  from the technology transfer fund of a Florida Community College
 3320  System institution or from that fund in combination with other
 3321  nonstate sources, provided that such construction, alteration,
 3322  or remodeling is for use exclusively by the center. It also may
 3323  authorize the acquisition of real property when the cost is
 3324  entirely from said funds. Title to all real property shall vest
 3325  in the board of trustees.
 3326         (10) The State Board of Community Colleges Education may
 3327  award grants to Florida Community College System institutions,
 3328  or consortia of public and private colleges and universities and
 3329  other public and private entities, for the purpose of supporting
 3330  the objectives of this section. Grants awarded pursuant to this
 3331  subsection shall be in accordance with rules of the State Board
 3332  of Community Colleges Education. Such rules shall include the
 3333  following provisions:
 3334         (a) The number of centers established with state funds
 3335  provided expressly for the purpose of technology transfer shall
 3336  be limited, but shall be geographically located to maximize
 3337  public access to center resources and services.
 3338         (b) Grants to centers funded with state revenues
 3339  appropriated specifically for technology transfer activities
 3340  shall be reviewed and approved by the State Board of Community
 3341  Colleges Education using proposal solicitation, evaluation, and
 3342  selection procedures established by the state board in
 3343  consultation with Enterprise Florida, Inc. Such procedures may
 3344  include designation of specific areas or applications of
 3345  technology as priorities for the receipt of funding.
 3346         (c) Priority for the receipt of state funds appropriated
 3347  specifically for the purpose of technology transfer shall be
 3348  given to grant proposals developed jointly by Florida Community
 3349  College System institutions and public and private colleges and
 3350  universities.
 3351         (11) Each technology transfer center established under the
 3352  provisions of this section shall establish a technology transfer
 3353  center advisory committee. Each committee shall include
 3354  representatives of a university or universities conducting
 3355  research in the area of specialty of the center. Other members
 3356  shall be determined by the Florida Community College System
 3357  institution board of trustees.
 3358         Section 46. Subsection (4) of section 1004.80, Florida
 3359  Statutes, is amended to read:
 3360         1004.80 Economic development centers.—
 3361         (4) The State Board of Community Colleges Education may
 3362  award grants to economic development centers for the purposes of
 3363  this section. Grants awarded pursuant to this subsection shall
 3364  be in accordance with rules established by the State Board of
 3365  Community Colleges Education.
 3366         Section 47. Section 1004.91, Florida Statutes, is amended
 3367  to read:
 3368         1004.91 Requirements for career education program basic
 3369  skills.—
 3370         (1) The State Board of Education, for career centers
 3371  operated by district school boards, and the State Board of
 3372  Community Colleges, for charter technical career centers
 3373  operated by Florida Community College System institutions, shall
 3374  collaborate to adopt, by rule, standards of basic skill mastery
 3375  for completion of certificate career education programs. Each
 3376  school district and Florida Community College System institution
 3377  that conducts programs that confer career and technical
 3378  certificates shall provide applied academics instruction through
 3379  which students receive the basic skills instruction required
 3380  pursuant to this section.
 3381         (2) Students who enroll in a program offered for career
 3382  credit of 450 hours or more shall complete an entry-level
 3383  examination within the first 6 weeks after admission into the
 3384  program. The State Board of Education and the State Board of
 3385  Community Colleges shall collaborate to designate examinations
 3386  that are currently in existence, the results of which are
 3387  comparable across institutions, to assess student mastery of
 3388  basic skills. Any student found to lack the required level of
 3389  basic skills for such program shall be referred to applied
 3390  academics instruction or another adult general education program
 3391  for a structured program of basic skills instruction. Such
 3392  instruction may include English for speakers of other languages.
 3393  A student may not receive a career or technical certificate of
 3394  completion without first demonstrating the basic skills required
 3395  in the state curriculum frameworks for the career education
 3396  program.
 3397         (3)(a) An adult student with a disability may be exempted
 3398  from this section.
 3399         (b) The following students are exempt from this section:
 3400         1. A student who possesses a college degree at the
 3401  associate in applied science level or higher.
 3402         2. A student who demonstrates readiness for public
 3403  postsecondary education pursuant to s. 1008.30 and applicable
 3404  rules adopted by the State Board of Education and State Board of
 3405  Community Colleges.
 3406         3. A student who passes a state or national industry
 3407  certification or licensure examination that is identified in
 3408  State Board of Education or State Board of Community Colleges
 3409  rules and aligned to the career education program in which the
 3410  student is enrolled.
 3411         4. An adult student who is enrolled in an apprenticeship
 3412  program that is registered with the Department of Education in
 3413  accordance with chapter 446.
 3414         Section 48. Paragraph (b) of subsection (2) of section
 3415  1004.92, Florida Statutes, is amended, and subsection (4) is
 3416  added to that section, to read:
 3417         1004.92 Purpose and responsibilities for career education.—
 3418         (2)
 3419         (b) Department of Education, for school districts, and the
 3420  State Board of Community Colleges, for Florida Community College
 3421  System institutions, have the following responsibilities related
 3422  to accountability for career education includes, but is not
 3423  limited to:
 3424         1. The provision of timely, accurate technical assistance
 3425  to school districts and Florida Community College System
 3426  institutions.
 3427         2. The provision of timely, accurate information to the
 3428  State Board of Education, the Legislature, and the public.
 3429         3. The development of policies, rules, and procedures that
 3430  facilitate institutional attainment of the accountability
 3431  standards and coordinate the efforts of all divisions within the
 3432  department.
 3433         4. The development of program standards and industry-driven
 3434  benchmarks for career, adult, and community education programs,
 3435  which must be updated every 3 years. The standards must include
 3436  career, academic, and workplace skills; viability of distance
 3437  learning for instruction; and work/learn cycles that are
 3438  responsive to business and industry; and provisions that reflect
 3439  the quality components of career and technical education
 3440  programs. The Department of Education and the State Board of
 3441  Community Colleges shall collaborate to develop a common set of
 3442  standards and benchmarks as specified under this subparagraph
 3443  for the programs that are offered by both the school districts
 3444  and Florida Community College System institutions.
 3445         5. Overseeing school district and Florida Community College
 3446  System institution compliance with the provisions of this
 3447  chapter.
 3448         6. Ensuring that the educational outcomes for the technical
 3449  component of career programs are uniform and designed to provide
 3450  a graduate who is capable of entering the workforce on an
 3451  equally competitive basis regardless of the institution of
 3452  choice.
 3453         (4) The State Board of Education, for career education
 3454  provided by school districts, and the State Board of Community
 3455  Colleges, for career education provided by Florida Community
 3456  College System institutions, shall collaborate to adopt rules to
 3457  administer this section.
 3458         Section 49. Subsection (1) of section 1004.925, Florida
 3459  Statutes, is amended to read:
 3460         1004.925 Automotive service technology education programs;
 3461  certification.—
 3462         (1) All automotive service technology education programs
 3463  shall be industry certified in accordance with rules adopted by
 3464  the State Board of Education and the State Board of Community
 3465  Colleges.
 3466         Section 50. Paragraphs (c) and (d) of subsection (4) and
 3467  subsections (6) and (9) of section 1004.93, Florida Statutes,
 3468  are amended to read:
 3469         1004.93 Adult general education.—
 3470         (4)
 3471         (c) The State Board of Community Colleges Education shall
 3472  define, by rule, the levels and courses of instruction to be
 3473  funded through the developmental education program. The State
 3474  Board of Community Colleges shall coordinate the establishment
 3475  of costs for developmental education courses, the establishment
 3476  of statewide standards that define required levels of
 3477  competence, acceptable rates of student progress, and the
 3478  maximum amount of time to be allowed for completion of
 3479  developmental education. Developmental education is part of an
 3480  associate in arts degree program and may not be funded as an
 3481  adult career education program.
 3482         (d) Expenditures for developmental education and lifelong
 3483  learning students shall be reported separately. Allocations for
 3484  developmental education shall be based on proportional full-time
 3485  equivalent enrollment. Program review results shall be included
 3486  in the determination of subsequent allocations. A student shall
 3487  be funded to enroll in the same developmental education class
 3488  within a skill area only twice, after which time the student
 3489  shall pay 100 percent of the full cost of instruction to support
 3490  the continuous enrollment of that student in the same class;
 3491  however, students who withdraw or fail a class due to
 3492  extenuating circumstances may be granted an exception only once
 3493  for each class, provided approval is granted according to policy
 3494  established by the board of trustees. Each Florida Community
 3495  College System institution shall have the authority to review
 3496  and reduce payment for increased fees due to continued
 3497  enrollment in a developmental education class on an individual
 3498  basis contingent upon the student’s financial hardship, pursuant
 3499  to definitions and fee levels established by the State Board of
 3500  Community Colleges Education. Developmental education and
 3501  lifelong learning courses do not generate credit toward an
 3502  associate or baccalaureate degree.
 3503         (6) The commissioner, for school districts, and the
 3504  Chancellor of the Florida Community College System, for Florida
 3505  Community College System institutions, shall recommend the level
 3506  of funding for public school and Florida Community College
 3507  System institution adult education within the legislative budget
 3508  request and make other recommendations and reports considered
 3509  necessary or required by rules of the State Board of Education.
 3510         (9) The State Board of Education and the State Board of
 3511  Community Colleges may adopt rules necessary for the
 3512  implementation of this section.
 3513         Section 51. Subsection (3) of section 1006.60, Florida
 3514  Statutes, is amended to read:
 3515         1006.60 Codes of conduct; disciplinary measures; authority
 3516  to adopt rules or regulations.—
 3517         (3) Sanctions authorized by such codes of conduct may be
 3518  imposed only for acts or omissions in violation of rules or
 3519  regulations adopted by the institution, including rules or
 3520  regulations adopted under this section, rules of the State Board
 3521  of Community Colleges regarding the Florida Community College
 3522  System Education, rules or regulations of the Board of Governors
 3523  regarding the State University System, county and municipal
 3524  ordinances, and the laws of this state, the United States, or
 3525  any other state.
 3526         Section 52. Subsection (1) of section 1006.61, Florida
 3527  Statutes, is amended to read:
 3528         1006.61 Participation by students in disruptive activities
 3529  at public postsecondary educational institution; penalties.—
 3530         (1) Any person who accepts the privilege extended by the
 3531  laws of this state of attendance at any public postsecondary
 3532  educational institution shall, by attending such institution, be
 3533  deemed to have given his or her consent to the policies of that
 3534  institution, the State Board of Community Colleges regarding the
 3535  Florida Community College System Education, and the Board of
 3536  Governors regarding the State University System, and the laws of
 3537  this state. Such policies shall include prohibition against
 3538  disruptive activities at public postsecondary educational
 3539  institutions.
 3540         Section 53. Section 1006.62, Florida Statutes, is amended
 3541  to read:
 3542         1006.62 Expulsion and discipline of students of Florida
 3543  Community College System institutions and state universities.—
 3544         (1) Each student in a Florida Community College System
 3545  institution or state university is subject to federal and state
 3546  law, respective county and municipal ordinances, and all rules
 3547  and regulations of the State Board of Community Colleges
 3548  regarding the Florida Community College System Education, the
 3549  Board of Governors regarding the State University System, or the
 3550  board of trustees of the institution.
 3551         (2) Violation of these published laws, ordinances, or rules
 3552  and regulations may subject the violator to appropriate action
 3553  by the institution’s authorities.
 3554         (3) Each president of a Florida Community College System
 3555  institution or state university may, after notice to the student
 3556  of the charges and after a hearing thereon, expel, suspend, or
 3557  otherwise discipline any student who is found to have violated
 3558  any law, ordinance, or rule or regulation of the State Board of
 3559  Community Colleges regarding the Florida Community College
 3560  System Education, the Board of Governors regarding the State
 3561  University System, or the board of trustees of the institution.
 3562  A student may be entitled to waiver of expulsion:
 3563         (a) If the student provides substantial assistance in the
 3564  identification, arrest, or conviction of any of his or her
 3565  accomplices, accessories, coconspirators, or principals or of
 3566  any other person engaged in violations of chapter 893 within a
 3567  state university or Florida Community College System
 3568  institution;
 3569         (b) If the student voluntarily discloses his or her
 3570  violations of chapter 893 prior to his or her arrest; or
 3571         (c) If the student commits himself or herself, or is
 3572  referred by the court in lieu of sentence, to a state-licensed
 3573  drug abuse program and successfully completes the program.
 3574         Section 54. Paragraphs (c) and (g) of subsection (1),
 3575  paragraph (b) of subsection (2), and subsection (3) of section
 3576  1006.71, Florida Statutes, are amended to read:
 3577         1006.71 Gender equity in intercollegiate athletics.—
 3578         (1) GENDER EQUITY PLAN.—
 3579         (c) The Chancellor of the Florida Community College System
 3580  Commissioner of Education shall annually assess the progress of
 3581  each Florida Community College System institution’s plan and
 3582  advise the State Board of Community Colleges Education and the
 3583  Legislature regarding compliance.
 3584         (g)1. If a Florida Community College System institution is
 3585  not in compliance with Title IX of the Education Amendments of
 3586  1972 and the Florida Educational Equity Act, the State Board of
 3587  Community Colleges Education shall:
 3588         a. Declare the Florida Community College System institution
 3589  ineligible for competitive state grants.
 3590         b. Withhold funds sufficient to obtain compliance.
 3591  
 3592  The Florida Community College System institution shall remain
 3593  ineligible and the funds may shall not be paid until the Florida
 3594  Community College System institution comes into compliance or
 3595  the Chancellor of the Florida Community College System
 3596  Commissioner of Education approves a plan for compliance.
 3597         2. If a state university is not in compliance with Title IX
 3598  of the Education Amendments of 1972 and the Florida Educational
 3599  Equity Act, the Board of Governors shall:
 3600         a. Declare the state university ineligible for competitive
 3601  state grants.
 3602         b. Withhold funds sufficient to obtain compliance.
 3603  
 3604  The state university shall remain ineligible and the funds may
 3605  shall not be paid until the state university comes into
 3606  compliance or the Board of Governors approves a plan for
 3607  compliance.
 3608         (2) FUNDING.—
 3609         (b) The level of funding and percentage share of support
 3610  for women’s intercollegiate athletics for Florida Community
 3611  College System institutions shall be determined by the State
 3612  Board of Community Colleges Education. The level of funding and
 3613  percentage share of support for women’s intercollegiate
 3614  athletics for state universities shall be determined by the
 3615  Board of Governors. The level of funding and percentage share
 3616  attained in the 1980-1981 fiscal year shall be the minimum level
 3617  and percentage maintained by each institution, except as the
 3618  State Board of Community Colleges Education or the Board of
 3619  Governors otherwise directs its respective institutions for the
 3620  purpose of assuring equity. Consideration shall be given by the
 3621  State Board of Community Colleges Education or the Board of
 3622  Governors to emerging athletic programs at institutions which
 3623  may not have the resources to secure external funds to provide
 3624  athletic opportunities for women. It is the intent that the
 3625  effect of any redistribution of funds among institutions may
 3626  shall not negate the requirements as set forth in this section.
 3627         (3) STATE BOARD OF COMMUNITY COLLEGES EDUCATION.—The State
 3628  Board of Community Colleges Education shall assure equal
 3629  opportunity for female athletes at Florida Community College
 3630  System institutions and establish:
 3631         (a) In conjunction with the State Board of Education,
 3632  guidelines for reporting of intercollegiate athletics data
 3633  concerning financial, program, and facilities information for
 3634  review by the State Board of Community Colleges Education
 3635  annually.
 3636         (b) Systematic audits for the evaluation of such data.
 3637         (c) Criteria for determining and assuring equity.
 3638         Section 55. Section 1007.01, Florida Statutes, is amended
 3639  to read:
 3640         1007.01 Articulation; legislative intent; purpose; role of
 3641  the State Board of Education, the State Board of Community
 3642  Colleges, and the Board of Governors; Articulation Coordinating
 3643  Committee.—
 3644         (1) It is the intent of the Legislature to facilitate
 3645  articulation and seamless integration of the K-20 education
 3646  system by building, sustaining, and strengthening relationships
 3647  among K-20 public organizations, between public and private
 3648  organizations, and between the education system as a whole and
 3649  Florida’s communities. The purpose of building, sustaining, and
 3650  strengthening these relationships is to provide for the
 3651  efficient and effective progression and transfer of students
 3652  within the education system and to allow students to proceed
 3653  toward their educational objectives as rapidly as their
 3654  circumstances permit. The Legislature further intends that
 3655  articulation policies and budget actions be implemented
 3656  consistently in the practices of the Department of Education and
 3657  postsecondary educational institutions and expressed in the
 3658  collaborative policy efforts of the State Board of Education,
 3659  and the Board of Governors, and the State Board of Community
 3660  Colleges.
 3661         (2) To preserve Florida’s “2+2” system of articulation and
 3662  improve and facilitate articulation systemwide, the State Board
 3663  of Education, and the Board of Governors, and the State Board of
 3664  Community Colleges shall collaboratively establish and adopt
 3665  policies with input from statewide K-20 advisory groups
 3666  established by the Commissioner of Education, the Chancellor of
 3667  the Florida Community College System, and the Chancellor of the
 3668  State University System and shall recommend the policies to the
 3669  Legislature. The policies shall relate to:
 3670         (a) The alignment between the exit requirements of one
 3671  education system and the admissions requirements of another
 3672  education system into which students typically transfer.
 3673         (b) The identification of common courses, the level of
 3674  courses, institutional participation in a statewide course
 3675  numbering system, and the transferability of credits among such
 3676  institutions.
 3677         (c) Identification of courses that meet general education
 3678  or common degree program prerequisite requirements at public
 3679  postsecondary educational institutions.
 3680         (d) Dual enrollment course equivalencies.
 3681         (e) Articulation agreements.
 3682         (3) The Commissioner of Education, in consultation with the
 3683  Chancellor of the Florida Community College System and the
 3684  Chancellor of the State University System, shall establish the
 3685  Articulation Coordinating Committee, which shall make
 3686  recommendations related to statewide articulation policies and
 3687  issues regarding access, quality, and reporting of data
 3688  maintained by the K-20 data warehouse, established pursuant to
 3689  ss. 1001.10 and 1008.31, to the Higher Education Coordination
 3690  Council, the State Board of Education, and the Board of
 3691  Governors, and the State Board of Community Colleges. The
 3692  committee shall consist of two members each representing the
 3693  State University System, the Florida Community College System,
 3694  public career and technical education, K-12 education, and
 3695  nonpublic postsecondary education and one member representing
 3696  students. The chair shall be elected from the membership. The
 3697  Office of K-20 Articulation shall provide administrative support
 3698  for the committee. The committee shall:
 3699         (a) Monitor the alignment between the exit requirements of
 3700  one education system and the admissions requirements of another
 3701  education system into which students typically transfer and make
 3702  recommendations for improvement.
 3703         (b) Propose guidelines for interinstitutional agreements
 3704  between and among public schools, career and technical education
 3705  centers, Florida Community College System institutions, state
 3706  universities, and nonpublic postsecondary institutions.
 3707         (c) Annually recommend dual enrollment course and high
 3708  school subject area equivalencies for approval by the State
 3709  Board of Education, and the Board of Governors, and the State
 3710  Board of Community Colleges.
 3711         (d) Annually review the statewide articulation agreement
 3712  pursuant to s. 1007.23 and make recommendations for revisions.
 3713         (e) Annually review the statewide course numbering system,
 3714  the levels of courses, and the application of transfer credit
 3715  requirements among public and nonpublic institutions
 3716  participating in the statewide course numbering system and
 3717  identify instances of student transfer and admissions
 3718  difficulties.
 3719         (f) Annually publish a list of courses that meet common
 3720  general education and common degree program prerequisite
 3721  requirements at public postsecondary institutions identified
 3722  pursuant to s. 1007.25.
 3723         (g) Foster timely collection and reporting of statewide
 3724  education data to improve the K-20 education performance
 3725  accountability system pursuant to ss. 1001.10 and 1008.31,
 3726  including, but not limited to, data quality, accessibility, and
 3727  protection of student records.
 3728         (h) Recommend roles and responsibilities of public
 3729  education entities in interfacing with the single, statewide
 3730  computer-assisted student advising system established pursuant
 3731  to s. 1006.735.
 3732         (i) Make recommendations regarding the cost and
 3733  requirements to develop and implement an online system for
 3734  collecting and analyzing data regarding requests for transfer of
 3735  credit by postsecondary education students. The online system,
 3736  at a minimum, must collect information regarding the total
 3737  number of credit transfer requests denied and the reason for
 3738  each denial. Recommendations shall be reported to the President
 3739  of the Senate and the Speaker of the House of Representatives on
 3740  or before January 31, 2015.
 3741         Section 56. Subsections (1) and (6) of section 1007.23,
 3742  Florida Statutes, are amended, and subsection (7) is added to
 3743  that section, to read:
 3744         1007.23 Statewide articulation agreement.—
 3745         (1) The State Board of Education, and the Board of
 3746  Governors, and the State Board of Community Colleges shall enter
 3747  into a statewide articulation agreement which the State Board of
 3748  Education and the State Board of Community Colleges shall adopt
 3749  by rule. The agreement must preserve Florida’s “2+2” system of
 3750  articulation, facilitate the seamless articulation of student
 3751  credit across and among Florida’s educational entities, and
 3752  reinforce the provisions of this chapter by governing:
 3753         (a) Articulation between secondary and postsecondary
 3754  education;
 3755         (b) Admission of associate in arts degree graduates from
 3756  Florida Community College System institutions and state
 3757  universities;
 3758         (c) Admission of applied technology diploma program
 3759  graduates from Florida Community College System institutions or
 3760  career centers;
 3761         (d) Admission of associate in science degree and associate
 3762  in applied science degree graduates from Florida Community
 3763  College System institutions;
 3764         (e) The use of acceleration mechanisms, including
 3765  nationally standardized examinations through which students may
 3766  earn credit;
 3767         (f) General education requirements and statewide course
 3768  numbers as provided for in ss. 1007.24 and 1007.25; and
 3769         (g) Articulation among programs in nursing.
 3770         (6) The articulation agreement must guarantee the
 3771  articulation of 9 credit hours toward a postsecondary degree in
 3772  early childhood education for programs approved by the State
 3773  Board of Community Colleges Education and the Board of Governors
 3774  which:
 3775         (a) Award a child development associate credential issued
 3776  by the National Credentialing Program of the Council for
 3777  Professional Recognition or award a credential approved under s.
 3778  1002.55(3)(c)1.b. or s. 402.305(3)(c) as being equivalent to the
 3779  child development associate credential; and
 3780         (b) Include training in emergent literacy which meets or
 3781  exceeds the minimum standards for training courses for
 3782  prekindergarten instructors of the Voluntary Prekindergarten
 3783  Education Program in s. 1002.59.
 3784         (7) To strengthen Florida’s “2+2” system of articulation
 3785  and improve student retention and on-time graduation, by the
 3786  2018-2019 academic year, each Florida Community College System
 3787  institution shall execute at least one “2+2” targeted pathway
 3788  articulation agreement with one or more state universities to
 3789  establish “2+2” targeted pathway programs. The agreement must
 3790  provide students who graduate with an associate in arts degree
 3791  and who meet specified requirements guaranteed access to the
 3792  state university and a degree program at that university, in
 3793  accordance with the terms of the “2+2” targeted pathway
 3794  articulation agreement.
 3795         (a) To participate in a “2+2” targeted pathway program, a
 3796  student must:
 3797         1. Enroll in the program before completing 30 credit hours,
 3798  including, but not limited to, college credits earned through
 3799  articulated acceleration mechanisms pursuant to s. 1007.27;
 3800         2. Complete an associate in arts degree; and
 3801         3. Meet the university’s transfer requirements.
 3802         (b) A state university that executes a “2+2” targeted
 3803  pathway articulation agreement must meet the following
 3804  requirements in order to implement a “2+2” targeted pathway
 3805  program in collaboration with its partner Florida Community
 3806  College System institution:
 3807         1. Establish a 4-year on-time graduation plan for a
 3808  baccalaureate degree program, including, but not limited to, a
 3809  plan for students to complete associate in arts degree programs,
 3810  general education courses, common prerequisite courses, and
 3811  elective courses;
 3812         2. Advise students enrolled in the program about the
 3813  university’s transfer and degree program requirements; and
 3814         3. Provide students who meet the requirements under this
 3815  paragraph with access to academic advisors and campus events and
 3816  with guaranteed admittance to the state university and a degree
 3817  program of the state university, in accordance with the terms of
 3818  the agreement.
 3819         (c)To assist the state universities and Florida Community
 3820  College System institutions with implementing the “2+2” targeted
 3821  pathway programs effectively, the State Board of Community
 3822  Colleges and the Board of Governors shall collaborate to
 3823  eliminate barriers in executing “2+2” targeted pathway
 3824  articulation agreements.
 3825         Section 57. Subsections (1), (2), and (3) of section
 3826  1007.24, Florida Statutes, are amended to read:
 3827         1007.24 Statewide course numbering system.—
 3828         (1) The Department of Education, in conjunction with the
 3829  Board of Governors and the State Board of Community Colleges,
 3830  shall develop, coordinate, and maintain a statewide course
 3831  numbering system for postsecondary and dual enrollment education
 3832  in school districts, public postsecondary educational
 3833  institutions, and participating nonpublic postsecondary
 3834  educational institutions that will improve program planning,
 3835  increase communication among all delivery systems, and
 3836  facilitate student acceleration and the transfer of students and
 3837  credits between public school districts, public postsecondary
 3838  educational institutions, and participating nonpublic
 3839  educational institutions. The continuing maintenance of the
 3840  system shall be accomplished with the assistance of appropriate
 3841  faculty committees representing public and participating
 3842  nonpublic educational institutions.
 3843         (2) The Commissioner of Education, in conjunction with the
 3844  Chancellor of the Florida Community College System and the
 3845  Chancellor of the State University System, shall appoint faculty
 3846  committees representing faculties of participating institutions
 3847  to recommend a single level for each course, including
 3848  postsecondary career education courses, included in the
 3849  statewide course numbering system.
 3850         (a) Any course designated as an upper-division-level course
 3851  must be characterized by a need for advanced academic
 3852  preparation and skills that a student would be unlikely to
 3853  achieve without significant prior coursework.
 3854         (b) A course that is offered as part of an associate in
 3855  science degree program and as an upper-division course for a
 3856  baccalaureate degree shall be designated for both the lower and
 3857  upper division.
 3858         (c) A course designated as lower-division may be offered by
 3859  any Florida Community College System institution.
 3860         (3) The Commissioner of Education shall recommend to the
 3861  State Board of Education the levels for the courses. The State
 3862  Board of Education, with input from the Board of Governors and
 3863  the State Board of Community Colleges, shall approve the levels
 3864  for the courses.
 3865         Section 58. Subsections (3), (5), and (8) through (11) of
 3866  section 1007.25, Florida Statutes, are amended to read:
 3867         1007.25 General education courses; common prerequisites;
 3868  other degree requirements.—
 3869         (3) The chair of the State Board of Community Colleges
 3870  Education and the chair of the Board of Governors, or their
 3871  designees, shall jointly appoint faculty committees to identify
 3872  statewide general education core course options. General
 3873  education core course options shall consist of a maximum of five
 3874  courses within each of the subject areas of communication,
 3875  mathematics, social sciences, humanities, and natural sciences.
 3876  The core courses may be revised, or the five-course maximum
 3877  within each subject area may be exceeded, if approved by the
 3878  State Board of Community Colleges Education and the Board of
 3879  Governors, as recommended by the subject area faculty committee
 3880  and approved by the Articulation Coordinating Committee as
 3881  necessary for a subject area. Each general education core course
 3882  option must contain high-level academic and critical thinking
 3883  skills and common competencies that students must demonstrate to
 3884  successfully complete the course. Beginning with students
 3885  initially entering a Florida Community College System
 3886  institution or state university in 2015-2016 and thereafter,
 3887  each student must complete at least one identified core course
 3888  in each subject area as part of the general education course
 3889  requirements. All public postsecondary educational institutions
 3890  shall accept these courses as meeting general education core
 3891  course requirements. The remaining general education course
 3892  requirements shall be identified by each institution and
 3893  reported to the department by their statewide course number. The
 3894  general education core course options shall be adopted in rule
 3895  by the State Board of Community Colleges Education and in
 3896  regulation by the Board of Governors.
 3897         (5) The department shall identify common prerequisite
 3898  courses and course substitutions for degree programs across all
 3899  institutions. Common degree program prerequisites shall be
 3900  offered and accepted by all state universities and Florida
 3901  Community College System institutions, except in cases approved
 3902  by the State Board of Community Colleges, Education for Florida
 3903  Community College System institutions, and the Board of
 3904  Governors, for state universities. The department shall develop
 3905  a centralized database containing the list of courses and course
 3906  substitutions that meet the prerequisite requirements for each
 3907  baccalaureate degree program.
 3908         (8) A baccalaureate degree program shall require no more
 3909  than 120 semester hours of college credit and include 36
 3910  semester hours of general education coursework, unless prior
 3911  approval has been granted by the Board of Governors for
 3912  baccalaureate degree programs offered by state universities and
 3913  by the State Board of Community Colleges Education for
 3914  baccalaureate degree programs offered by Florida Community
 3915  College System institutions.
 3916         (9) A student who received an associate in arts degree for
 3917  successfully completing 60 semester credit hours may continue to
 3918  earn additional credits at a Florida Community College System
 3919  institution. The university must provide credit toward the
 3920  student’s baccalaureate degree for a an additional Florida
 3921  Community College System institution course if, according to the
 3922  statewide course numbering, the Florida Community College System
 3923  institution course is a course listed in the university catalog
 3924  as required for the degree or as prerequisite to a course
 3925  required for the degree. Of the courses required for the degree,
 3926  at least half of the credit hours required for the degree shall
 3927  be achievable through courses designated as lower division,
 3928  except in degree programs approved by the State Board of
 3929  Community Colleges Education for programs offered by Florida
 3930  Community College System institutions and by the Board of
 3931  Governors for programs offered by state universities.
 3932         (10) Students at state universities may request associate
 3933  in arts certificates if they have successfully completed the
 3934  minimum requirements for the degree of associate in arts (A.A.).
 3935  The university must grant the student an associate in arts
 3936  degree if the student has successfully completed minimum
 3937  requirements for college-level communication and computation
 3938  skills adopted by the State Board of Community Colleges
 3939  Education and 60 academic semester hours or the equivalent
 3940  within a degree program area, including 36 semester hours in
 3941  general education courses in the subject areas of communication,
 3942  mathematics, social sciences, humanities, and natural sciences,
 3943  consistent with the general education requirements specified in
 3944  the articulation agreement pursuant to s. 1007.23.
 3945         (11) The Commissioner of Education and the Chancellor of
 3946  the Florida Community College System shall jointly appoint
 3947  faculty committees representing both Florida Community College
 3948  System institution and public school faculties to recommend to
 3949  the commissioner, or the Chancellor of the Florida Community
 3950  College System, as applicable, for approval by the State Board
 3951  of Education and the State Board of Community Colleges, as
 3952  applicable, a standard program length and appropriate
 3953  occupational completion points for each postsecondary career
 3954  certificate program, diploma, and degree offered by a school
 3955  district or a Florida Community College System institution.
 3956         Section 59. Section 1007.262, Florida Statutes, is amended
 3957  to read:
 3958         1007.262 Foreign language competence; equivalence
 3959  determinations.—The Department of Education shall identify the
 3960  competencies demonstrated by students upon the successful
 3961  completion of 2 credits of sequential high school foreign
 3962  language instruction. For the purpose of determining
 3963  postsecondary equivalence, the State Board of Community Colleges
 3964  department shall develop rules through which Florida Community
 3965  College System institutions correlate such competencies to the
 3966  competencies required of students in the colleges’ respective
 3967  courses. Based on this correlation, each Florida Community
 3968  College System institution shall identify the minimum number of
 3969  postsecondary credits that students must earn in order to
 3970  demonstrate a level of competence in a foreign language at least
 3971  equivalent to that of students who have completed 2 credits of
 3972  such instruction in high school. The department may also specify
 3973  alternative means by which students can demonstrate equivalent
 3974  foreign language competence, including means by which a student
 3975  whose native language is not English may demonstrate proficiency
 3976  in the native language. A student who demonstrates proficiency
 3977  in a native language other than English is exempt from a
 3978  requirement of completing foreign language courses at the
 3979  secondary or Florida Community College System level.
 3980         Section 60. Section 1007.263, Florida Statutes, is amended
 3981  to read:
 3982         1007.263 Florida Community College System institutions;
 3983  admissions of students.—Each Florida Community College System
 3984  institution board of trustees is authorized to adopt rules
 3985  governing admissions of students subject to this section and
 3986  rules of the State Board of Community Colleges Education. These
 3987  rules shall include the following:
 3988         (1) Admissions counseling shall be provided to all students
 3989  entering college or career credit programs. For students who are
 3990  not otherwise exempt from testing under s. 1008.30, counseling
 3991  must use tests to measure achievement of college-level
 3992  communication and computation competencies by students entering
 3993  college credit programs or tests to measure achievement of basic
 3994  skills for career education programs as prescribed in s.
 3995  1004.91. Counseling includes providing developmental education
 3996  options for students whose assessment results, determined under
 3997  s. 1008.30, indicate that they need to improve communication or
 3998  computation skills that are essential to perform college-level
 3999  work.
 4000         (2) Admission to associate degree programs is subject to
 4001  minimum standards adopted by the State Board of Community
 4002  Colleges Education and shall require:
 4003         (a) A standard high school diploma, a high school
 4004  equivalency diploma as prescribed in s. 1003.435, previously
 4005  demonstrated competency in college credit postsecondary
 4006  coursework, or, in the case of a student who is home educated, a
 4007  signed affidavit submitted by the student’s parent or legal
 4008  guardian attesting that the student has completed a home
 4009  education program pursuant to the requirements of s. 1002.41.
 4010  Students who are enrolled in a dual enrollment or early
 4011  admission program pursuant to s. 1007.271 are exempt from this
 4012  requirement.
 4013         (b) A demonstrated level of achievement of college-level
 4014  communication and computation skills.
 4015         (c) Any other requirements established by the board of
 4016  trustees.
 4017         (3) Admission to other programs within the Florida
 4018  Community College System institution shall include education
 4019  requirements as established by the board of trustees.
 4020         (4) A student who has been awarded a certificate of
 4021  completion under s. 1003.4282 is eligible to enroll in
 4022  certificate career education programs.
 4023         (5) A student with a documented disability may be eligible
 4024  for reasonable substitutions, as prescribed in ss. 1007.264 and
 4025  1007.265.
 4026  
 4027  Each board of trustees shall establish policies that notify
 4028  students about developmental education options for improving
 4029  their communication or computation skills that are essential to
 4030  performing college-level work, including tutoring, extended time
 4031  in gateway courses, free online courses, adult basic education,
 4032  adult secondary education, or private provider instruction.
 4033         Section 61. Subsection (2) of section 1007.264, Florida
 4034  Statutes, is amended to read:
 4035         1007.264 Persons with disabilities; admission to
 4036  postsecondary educational institutions; substitute requirements;
 4037  rules and regulations.—
 4038         (2) The State Board of Community Colleges Education, in
 4039  consultation with the Board of Governors, shall adopt rules to
 4040  implement this section for Florida Community College System
 4041  institutions and shall develop substitute admission requirements
 4042  where appropriate.
 4043         Section 62. Subsections (2) and (3) of section 1007.265,
 4044  Florida Statutes, are amended to read:
 4045         1007.265 Persons with disabilities; graduation, study
 4046  program admission, and upper-division entry; substitute
 4047  requirements; rules and regulations.—
 4048         (2) The State Board of Community Colleges Education, in
 4049  consultation with the Board of Governors, shall adopt rules to
 4050  implement this section for Florida Community College System
 4051  institutions and shall develop substitute requirements where
 4052  appropriate.
 4053         (3) The Board of Governors, in consultation with the State
 4054  Board of Community Colleges Education, shall adopt regulations
 4055  to implement this section for state universities and shall
 4056  develop substitute requirements where appropriate.
 4057         Section 63. Subsections (6), (7), and (8) of section
 4058  1007.27, Florida Statutes, are amended to read:
 4059         1007.27 Articulated acceleration mechanisms.—
 4060         (6) Credit by examination shall be the program through
 4061  which secondary and postsecondary students generate
 4062  postsecondary credit based on the receipt of a specified minimum
 4063  score on nationally standardized general or subject-area
 4064  examinations. For the purpose of statewide application, such
 4065  examinations and the corresponding minimum scores required for
 4066  an award of credit shall be delineated by the State Board of
 4067  Education, and the Board of Governors, and the State Board of
 4068  Community Colleges in the statewide articulation agreement
 4069  required by s. 1007.23(1). The maximum credit generated by a
 4070  student pursuant to this subsection shall be mitigated by any
 4071  related postsecondary credit earned by the student prior to the
 4072  administration of the examination. This subsection shall not
 4073  preclude Florida Community College System institutions and
 4074  universities from awarding credit by examination based on
 4075  student performance on examinations developed within and
 4076  recognized by the individual postsecondary institutions.
 4077         (7) The International Baccalaureate Program shall be the
 4078  curriculum in which eligible secondary students are enrolled in
 4079  a program of studies offered through the International
 4080  Baccalaureate Program administered by the International
 4081  Baccalaureate Office. The State Board of Community Colleges
 4082  Education and the Board of Governors shall specify in the
 4083  statewide articulation agreement required by s. 1007.23(1) the
 4084  cutoff scores and International Baccalaureate Examinations which
 4085  will be used to grant postsecondary credit at Florida Community
 4086  College System institutions and universities. Any changes to the
 4087  articulation agreement, which have the effect of raising the
 4088  required cutoff score or of changing the International
 4089  Baccalaureate Examinations which will be used to grant
 4090  postsecondary credit, shall only apply to students taking
 4091  International Baccalaureate Examinations after such changes are
 4092  adopted by the State Board of Community Colleges Education and
 4093  the Board of Governors. Students shall be awarded a maximum of
 4094  30 semester credit hours pursuant to this subsection. The
 4095  specific course for which a student may receive such credit
 4096  shall be specified in the statewide articulation agreement
 4097  required by s. 1007.23(1). Students enrolled pursuant to this
 4098  subsection shall be exempt from the payment of any fees for
 4099  administration of the examinations regardless of whether or not
 4100  the student achieves a passing score on the examination.
 4101         (8) The Advanced International Certificate of Education
 4102  Program and the International General Certificate of Secondary
 4103  Education (pre-AICE) Program shall be the curricula in which
 4104  eligible secondary students are enrolled in programs of study
 4105  offered through the Advanced International Certificate of
 4106  Education Program or the International General Certificate of
 4107  Secondary Education (pre-AICE) Program administered by the
 4108  University of Cambridge Local Examinations Syndicate. The State
 4109  Board of Community Colleges Education and the Board of Governors
 4110  shall specify in the statewide articulation agreement required
 4111  by s. 1007.23(1) the cutoff scores and Advanced International
 4112  Certificate of Education examinations which will be used to
 4113  grant postsecondary credit at Florida Community College System
 4114  institutions and universities. Any changes to the cutoff scores,
 4115  which changes have the effect of raising the required cutoff
 4116  score or of changing the Advanced International Certification of
 4117  Education examinations which will be used to grant postsecondary
 4118  credit, shall apply to students taking Advanced International
 4119  Certificate of Education examinations after such changes are
 4120  adopted by the State Board of Community Colleges Education and
 4121  the Board of Governors. Students shall be awarded a maximum of
 4122  30 semester credit hours pursuant to this subsection. The
 4123  specific course for which a student may receive such credit
 4124  shall be determined by the Florida Community College System
 4125  institution or university that accepts the student for
 4126  admission. Students enrolled in either program of study pursuant
 4127  to this subsection shall be exempt from the payment of any fees
 4128  for administration of the examinations regardless of whether the
 4129  student achieves a passing score on the examination.
 4130         Section 64. Subsections (3) and (22) of section 1007.271,
 4131  Florida Statutes, are amended to read:
 4132         1007.271 Dual enrollment programs.—
 4133         (3) Student eligibility requirements for initial enrollment
 4134  in college credit dual enrollment courses must include a 3.0
 4135  unweighted high school grade point average and the minimum score
 4136  on a common placement test adopted by the State Board of
 4137  Education which indicates that the student is ready for college
 4138  level coursework. Student eligibility requirements for continued
 4139  enrollment in college credit dual enrollment courses must
 4140  include the maintenance of a 3.0 unweighted high school grade
 4141  point average and the minimum postsecondary grade point average
 4142  established by the postsecondary institution. Regardless of
 4143  meeting student eligibility requirements for continued
 4144  enrollment, a student may lose the opportunity to participate in
 4145  a dual enrollment course if the student is disruptive to the
 4146  learning process such that the progress of other students or the
 4147  efficient administration of the course is hindered. Student
 4148  eligibility requirements for initial and continued enrollment in
 4149  career certificate dual enrollment courses must include a 2.0
 4150  unweighted high school grade point average. Exceptions to the
 4151  required grade point averages may be granted on an individual
 4152  student basis if the educational entities agree and the terms of
 4153  the agreement are contained within the dual enrollment
 4154  articulation agreement established pursuant to subsection (21).
 4155  Florida Community College System institution boards of trustees
 4156  may establish additional initial student eligibility
 4157  requirements, which shall be included in the dual enrollment
 4158  articulation agreement, to ensure student readiness for
 4159  postsecondary instruction. Additional requirements included in
 4160  the agreement may not arbitrarily prohibit students who have
 4161  demonstrated the ability to master advanced courses from
 4162  participating in dual enrollment courses.
 4163         (22) The Department of Education shall develop an
 4164  electronic submission system for dual enrollment articulation
 4165  agreements and shall review, for compliance, each dual
 4166  enrollment articulation agreement submitted pursuant to
 4167  subsections (13), (21), and (24). The Commissioner of Education
 4168  shall notify the district school superintendent and the Florida
 4169  Community College System institution president if the dual
 4170  enrollment articulation agreement does not comply with statutory
 4171  requirements and shall submit any dual enrollment articulation
 4172  agreement with unresolved issues of noncompliance to the State
 4173  Board of Education. The State Board of Education shall
 4174  collaborate with the State Board of Community Colleges to
 4175  resolve unresolved issues of noncompliance.
 4176         Section 65. Subsection (6) of section 1007.273, Florida
 4177  Statutes, is amended to read:
 4178         1007.273 Collegiate high school program.—
 4179         (6) The collegiate high school program shall be funded
 4180  pursuant to ss. 1007.271 and 1011.62. The State Board of
 4181  Education shall enforce compliance with this section by
 4182  withholding the transfer of funds for the school districts and
 4183  the Florida College System institutions in accordance with s.
 4184  1008.32. Annually by December 31, the State Board of Community
 4185  Colleges shall enforce compliance with this section by
 4186  withholding the transfer of funds for the Florida Community
 4187  College System institutions in accordance with s. 1001.602.
 4188         Section 66. Section 1007.33, Florida Statutes, is amended
 4189  to read:
 4190         1007.33 Site-determined baccalaureate degree access.—
 4191         (1)(a) The Legislature recognizes that public and private
 4192  postsecondary educational institutions play an essential role in
 4193  improving the quality of life and economic well-being of the
 4194  state and its residents. The Legislature also recognizes that
 4195  economic development needs and the educational needs of place
 4196  bound, nontraditional students have increased the demand for
 4197  local access to baccalaureate degree programs. It is therefore
 4198  the intent of the Legislature to further expand access to
 4199  baccalaureate degree programs through the use of Florida
 4200  Community College System institutions.
 4201         (b) For purposes of this section, the term “district”
 4202  refers to the county or counties served by a Florida Community
 4203  College System institution pursuant to s. 1000.21(3).
 4204         (2) Any Florida Community College System institution that
 4205  offers one or more baccalaureate degree programs must:
 4206         (a) Maintain as its primary mission:
 4207         1. Responsibility for responding to community needs for
 4208  postsecondary academic education and career degree education as
 4209  prescribed in s. 1004.65(5).
 4210         2. The provision of associate degrees that provide access
 4211  to a university.
 4212         (b) Maintain an open-door admission policy for associate
 4213  level degree programs and workforce education programs.
 4214         (c) Continue to provide outreach to underserved
 4215  populations.
 4216         (d) Continue to provide remedial education pursuant to s.
 4217  1008.30.
 4218         (e) Comply with all provisions of the statewide
 4219  articulation agreement which relate to 2-year and 4-year public
 4220  degree-granting institutions as adopted by the State Board of
 4221  Education or the State Board of Community Colleges, as
 4222  applicable, pursuant to s. 1007.23.
 4223         (f) Not award graduate credit.
 4224         (g) Not participate in intercollegiate athletics beyond the
 4225  2-year level.
 4226         (3) A Florida Community College System institution may not
 4227  terminate its associate in arts or associate in science degree
 4228  programs as a result of being authorized to offer one or more
 4229  baccalaureate degree programs. The Legislature intends that the
 4230  primary responsibility of a Florida Community College System
 4231  institution, including a Florida Community College System
 4232  institution that offers baccalaureate degree programs, continues
 4233  to be the provision of associate degrees that provide access to
 4234  a university.
 4235         (4) A Florida Community College System institution may:
 4236         (a) Offer specified baccalaureate degree programs through
 4237  formal agreements between the Florida Community College System
 4238  institution and other regionally accredited postsecondary
 4239  educational institutions pursuant to s. 1007.22.
 4240         (b) Offer baccalaureate degree programs that are were
 4241  authorized by law prior to July 1, 2009.
 4242         (c) Beginning July 1, 2009, establish a first or subsequent
 4243  baccalaureate degree program for purposes of meeting district,
 4244  regional, or statewide workforce needs if approved by the State
 4245  Board of Community Colleges Education under this section.
 4246  However, a Florida Community College System institution may not
 4247  offer a bachelor of arts degree program.
 4248  
 4249  Beginning July 1, 2009, the Board of Trustees of St. Petersburg
 4250  College is authorized to establish one or more bachelor of
 4251  applied science degree programs based on an analysis of
 4252  workforce needs in Pinellas, Pasco, and Hernando Counties and
 4253  other counties approved by the Department of Education. For each
 4254  program selected, St. Petersburg College must offer a related
 4255  associate in science or associate in applied science degree
 4256  program, and the baccalaureate degree level program must be
 4257  designed to articulate fully with at least one associate in
 4258  science degree program. The college is encouraged to develop
 4259  articulation agreements for enrollment of graduates of related
 4260  associate in applied science degree programs. The Board of
 4261  Trustees of St. Petersburg College is authorized to establish
 4262  additional baccalaureate degree programs if it determines a
 4263  program is warranted and feasible based on each of the factors
 4264  in paragraph (5)(d). However, the Board of Trustees of St.
 4265  Petersburg College may not establish any new baccalaureate
 4266  degree programs from March 31, 2014, through May 31, 2015. Prior
 4267  to developing or proposing a new baccalaureate degree program,
 4268  St. Petersburg College shall engage in need, demand, and impact
 4269  discussions with the state university in its service district
 4270  and other local and regional, accredited postsecondary providers
 4271  in its region. Documentation, data, and other information from
 4272  inter-institutional discussions regarding program need, demand,
 4273  and impact shall be provided to the college’s board of trustees
 4274  to inform the program approval process. Employment at St.
 4275  Petersburg College is governed by the same laws that govern
 4276  Florida College System institutions, except that upper-division
 4277  faculty are eligible for continuing contracts upon the
 4278  completion of the fifth year of teaching. Employee records for
 4279  all personnel shall be maintained as required by s. 1012.81.
 4280         (5) The approval process for baccalaureate degree programs
 4281  requires shall require:
 4282         (a) Each Florida Community College System institution to
 4283  submit a notice of interest at least 180 days before submitting
 4284  a notice of its intent to propose a baccalaureate degree program
 4285  to the Division of Florida Colleges at least 100 days before the
 4286  submission of its proposal under paragraph (d). The notice of
 4287  interest must be submitted into a shared postsecondary database
 4288  that allows other postsecondary institutions to preview and
 4289  provide feedback on the notice of interest. A written notice of
 4290  intent must be submitted to the Chancellor of the Florida
 4291  Community College System at least 100 days before the submission
 4292  of a baccalaureate degree program proposal under paragraph (c).
 4293  The notice of intent must include a brief description of the
 4294  program, the workforce demand and unmet need for graduates of
 4295  the program to include evidence from entities independent of the
 4296  institution, the geographic region to be served, and an
 4297  estimated timeframe for implementation. Notices of interest and
 4298  intent may be submitted by a Florida Community College System
 4299  institution at any time throughout the year. The notice of
 4300  intent must also include evidence that the Florida Community
 4301  College System institution engaged in need, demand, and impact
 4302  discussions with the state university and other regionally
 4303  accredited postsecondary education providers in its service
 4304  district.
 4305         (b) The Chancellor of the Florida Community College System
 4306  Division of Florida Colleges to forward the notice of intent
 4307  submitted pursuant to paragraph (a) and the justification for
 4308  the proposed baccalaureate degree program required under
 4309  paragraph (c) within 10 business days after receiving such
 4310  notice and justification to the Chancellor of the State
 4311  University System, the president of the Independent Colleges and
 4312  Universities of Florida, and the Executive Director of the
 4313  Commission for Independent Education. State universities shall
 4314  have 60 days following receipt of the notice of intent and
 4315  justification by the Chancellor of the State University System
 4316  to submit an objection and a reason for the objection to the
 4317  proposed baccalaureate degree program, which may include
 4318  objections to the proposed new program or submit an alternative
 4319  proposal to offer the baccalaureate degree program. The
 4320  Chancellor of the State University System shall review the
 4321  objection raised by a state university and inform the Board of
 4322  Governors of the objection before a state university submits its
 4323  objection to the Chancellor of the Florida Community College
 4324  System. The Chancellor of the Florida Community College System
 4325  must consult with the Chancellor of the State University System
 4326  to consider the objection raised by the state university before
 4327  the State Board of Community Colleges approves or denies a
 4328  Florida Community College System institution’s proposal
 4329  submitted pursuant to paragraph (c). If a proposal from a state
 4330  university is not received within the 60-day period, The
 4331  Chancellor of the Florida Community College System State Board
 4332  of Education shall also provide regionally accredited private
 4333  colleges and universities 60 30 days to submit an objection and
 4334  a reason for the objection to the proposed baccalaureate degree
 4335  program, which may include an alternative proposal to offer a
 4336  baccalaureate degree program objections to the proposed new
 4337  program or submit an alternative proposal. Objections by a
 4338  regionally accredited private college or university or
 4339  alternative proposals shall be submitted to the Chancellor of
 4340  the Florida Community College System, and the state board must
 4341  consider such objections before Division of Florida Colleges and
 4342  must be considered by the State Board of Education in making its
 4343  decision to approve or deny a Florida Community College System
 4344  institution’s proposal submitted pursuant to paragraph (c).
 4345         (c) An alternative proposal submitted by a state university
 4346  or private college or university to adequately address:
 4347         1. The extent to which the workforce demand and unmet need
 4348  described in the notice of intent will be met.
 4349         2. The extent to which students will be able to complete
 4350  the degree in the geographic region proposed to be served by the
 4351  Florida College System institution.
 4352         3. The level of financial commitment of the college or
 4353  university to the development, implementation, and maintenance
 4354  of the specified degree program, including timelines.
 4355         4. The extent to which faculty at both the Florida College
 4356  System institution and the college or university will
 4357  collaborate in the development and offering of the curriculum.
 4358         5. The ability of the Florida College System institution
 4359  and the college or university to develop and approve the
 4360  curriculum for the specified degree program within 6 months
 4361  after an agreement between the Florida College System
 4362  institution and the college or university is signed.
 4363         6. The extent to which the student may incur additional
 4364  costs above what the student would expect to incur if the
 4365  program were offered by the Florida College System institution.
 4366         (c)(d) Each Florida Community College System institution to
 4367  submit a baccalaureate degree program proposal at least 100 days
 4368  after submitting the notice of intent. Each proposal must
 4369  submitted by a Florida College System institution to, at a
 4370  minimum, include:
 4371         1. A description of the planning process and timeline for
 4372  implementation.
 4373         2. A justification for the proposed baccalaureate degree
 4374  program, including, at a minimum, a data-driven An analysis of
 4375  workforce demand and unmet need for graduates of the program on
 4376  a district, regional, or statewide basis, as appropriate, and
 4377  the extent to which the proposed program will meet the workforce
 4378  demand and unmet need. The analysis must include workforce and
 4379  employment data for the most recent years and projections by the
 4380  Department of Economic Opportunity for future years, and a
 4381  summary of degree programs similar to the proposed degree
 4382  program which are currently offered by state universities or by
 4383  independent nonprofit colleges or universities that are eligible
 4384  to participate in a grant program pursuant to s. 1009.89 and
 4385  which are located in the Florida Community College System
 4386  institution’s regional service area. The analysis and evidence
 4387  must be verified by the Chancellor of the Florida Community
 4388  College System including evidence from entities independent of
 4389  the institution.
 4390         3. Identification of the facilities, equipment, and library
 4391  and academic resources that will be used to deliver the program.
 4392         4. The program cost analysis of creating a new
 4393  baccalaureate degree when compared to alternative proposals and
 4394  other program delivery options.
 4395         5. The program’s admission requirements, academic content,
 4396  curriculum, faculty credentials, student-to-teacher ratios, and
 4397  accreditation plan.
 4398         6. The program’s student enrollment projections and funding
 4399  requirements, including:
 4400         a. The impact of the program’s enrollment projections on
 4401  compliance with the upper-level enrollment provisions under
 4402  subsection (6); and
 4403         b. The institution’s efforts to sustain the program at the
 4404  cost of tuition and fees for students who are classified as
 4405  residents for tuition purposes under s. 1009.21, not to exceed
 4406  $10,000 for the entire degree program, including flexible
 4407  tuition and fee rates, and the use of waivers pursuant to s.
 4408  1009.26(11).
 4409         7. A plan of action if the program is terminated.
 4410         (d)(e) The State Board of Community Division of Florida
 4411  Colleges to review the proposal, notify the Florida Community
 4412  College System institution of any deficiencies in writing within
 4413  30 days following receipt of the proposal, and provide the
 4414  Florida Community College System institution with an opportunity
 4415  to correct the deficiencies. Within 45 days following receipt of
 4416  a completed proposal by the State Board of Community Division of
 4417  Florida Colleges, the Chancellor of the Florida Community
 4418  College System Commissioner of Education shall recommend
 4419  approval or disapproval of the proposal to the State Board of
 4420  Community Colleges Education. The State Board of Community
 4421  Colleges Education shall consider such recommendation, the
 4422  proposal, input from the Chancellor of the State University
 4423  System and the president of the Independent Colleges and
 4424  Universities of Florida, and any objections or alternative
 4425  proposals at its next meeting. If the State Board of Community
 4426  Colleges Education disapproves the Florida Community College
 4427  System institution’s proposal, it shall provide the Florida
 4428  Community College System institution with written reasons for
 4429  that determination.
 4430         (e)(f) The Florida Community College System institution to
 4431  obtain from the Commission on Colleges of the Southern
 4432  Association of Colleges and Schools accreditation as a
 4433  baccalaureate-degree-granting institution if approved by the
 4434  State Board of Community Colleges Education to offer its first
 4435  baccalaureate degree program.
 4436         (f)(g) The Florida Community College System institution to
 4437  notify the Commission on Colleges of the Southern Association of
 4438  Colleges and Schools of subsequent degree programs that are
 4439  approved by the State Board of Community Colleges Education and
 4440  to comply with the association’s required substantive change
 4441  protocols for accreditation purposes.
 4442         (g)(h) The Florida Community College System institution to
 4443  annually report to the State Board of Community Colleges, the
 4444  Chancellor of the State University System, and upon request of
 4445  the State Board of Education, the Commissioner of Education, the
 4446  Chancellor of the Florida College System, or the Legislature,
 4447  report its status using the following performance and compliance
 4448  indicators:
 4449         1. Obtaining and maintaining appropriate Southern
 4450  Association of Colleges and Schools accreditation;
 4451         2. Maintaining qualified faculty and institutional
 4452  resources;
 4453         3. Maintaining student enrollment in previously approved
 4454  programs;
 4455         4. Managing fiscal resources appropriately;
 4456         5. Complying with the primary mission and responsibility
 4457  requirements in subsections (2) and (3); and
 4458         6. Other indicators of success, including program
 4459  completions, employment and earnings outcomes, student
 4460  acceptance into and performance in graduate programs placements,
 4461  and surveys of graduates and employers; and.
 4462         7. Continuing to meet workforce demand, as provided in
 4463  subparagraph (c)2., as demonstrated through a data-driven needs
 4464  assessment by the Florida Community College System institution
 4465  which is verified by more than one third-party professional
 4466  entity that is independent of the institution.
 4467         8. Complying with the upper-level enrollment provisions
 4468  under subsection (6).
 4469  
 4470  The State Board of Community Colleges Education, upon annual
 4471  review of the baccalaureate degree program performance and
 4472  compliance indicators and needs assessment, may require a
 4473  Florida Community College System institution’s board of trustees
 4474  to modify or terminate a baccalaureate degree program authorized
 4475  under this section. If the annual review indicates negative
 4476  program performance and compliance results, and if the needs
 4477  assessment fails to demonstrate a need for the program, the
 4478  State Board of Community Colleges must require a Florida
 4479  Community College System institution’s board of trustees to
 4480  terminate that baccalaureate degree program.
 4481         (6)(a) If the 2015-2016 total upper-level, undergraduate
 4482  full-time equivalent enrollment at a Florida Community College
 4483  System institution is at or above 10 percent of the 2015-2016
 4484  combined total lower-level and upper-level full-time equivalent
 4485  enrollment at that institution, the total upper-level
 4486  enrollment, as a percentage of the combined enrollment, may not
 4487  increase by more than 4 percentage points unless the institution
 4488  obtains prior legislative approval.
 4489         (b) If the 2015-2016 total upper-level, undergraduate full
 4490  time equivalent enrollment at a Florida Community College System
 4491  institution is below 10 percent of the 2015-2016 combined total
 4492  lower-level and upper-level full-time equivalent enrollment at
 4493  that institution, the total upper-level enrollment, as a
 4494  percentage of the combined enrollment, may not increase by more
 4495  than 8 percentage points unless the institution obtains prior
 4496  legislative approval.
 4497         (c) Notwithstanding enrollment provisions in paragraphs (a)
 4498  and (b), the upper-level, undergraduate full-time equivalent
 4499  enrollment at a Florida Community College System institution may
 4500  not exceed 15 percent of the combined total lower-level and
 4501  upper-level full-time equivalent enrollment at that institution.
 4502         (d) Within the 4 percent or 8 percent growth authorized
 4503  under paragraph (a) or paragraph (b), for any planned and
 4504  purposeful expansion of existing baccalaureate degree programs
 4505  or creation of a new baccalaureate program, a community college
 4506  must demonstrate satisfactory performance in fulfilling its
 4507  primary mission pursuant to s. 1004.65, executing at least one
 4508  “2+2” targeted pathway articulation agreement pursuant to s.
 4509  1007.23, and meeting or exceeding the performance standards
 4510  related to on-time completion and graduation rates under s.
 4511  1001.66 for students earning associate of arts or baccalaureate
 4512  degrees. The State Board of Community Colleges may not approve a
 4513  new baccalaureate degree program proposal for a community
 4514  college that does not meet the conditions specified in this
 4515  subsection in addition to the other requirements for approval
 4516  under this section. Each community college that offers a
 4517  baccalaureate degree must annually review each baccalaureate
 4518  degree program and annually report to the State Board of
 4519  Community Colleges, in a format prescribed by the state board,
 4520  current and projected student enrollment for such program,
 4521  justification for continuation of each baccalaureate degree
 4522  program, and a plan to comply with the upper-level enrollment
 4523  provisions of this subsection. A Florida Community College
 4524  System institution that does not comply with the requirements of
 4525  this section is subject to s. 1001.602(9) and may not report for
 4526  funding, the upper-level, undergraduate full-time equivalent
 4527  enrollment that exceeds the upper-level enrollment percent
 4528  provision of this subsection.
 4529         (7)(6) The State Board of Community Colleges Education
 4530  shall adopt rules to prescribe format and content requirements
 4531  and submission procedures for notices of interest and intent,
 4532  baccalaureate degree program proposals, objections, proposals,
 4533  alternative proposals, and compliance reviews under subsection
 4534  (5).
 4535         Section 67. Subsections (1), (3), (4), and (5) of section
 4536  1008.30, Florida Statutes, are amended to read:
 4537         1008.30 Common placement testing for public postsecondary
 4538  education.—
 4539         (1) The State Board of Community Colleges Education, in
 4540  conjunction with the Board of Governors and the State Board of
 4541  Education, shall develop and implement a common placement test
 4542  for the purpose of assessing the basic computation and
 4543  communication skills of students who intend to enter a degree
 4544  program at any public postsecondary educational institution.
 4545  Alternative assessments that may be accepted in lieu of the
 4546  common placement test shall also be identified in rule. Public
 4547  postsecondary educational institutions shall provide appropriate
 4548  modifications of the test instruments or test procedures for
 4549  students with disabilities.
 4550         (3) By October 31, 2013, The State Board of Community
 4551  Colleges, in conjunction with the Board of Governors and the
 4552  State Board of Education, Education shall establish by rule the
 4553  test scores a student must achieve to demonstrate readiness to
 4554  perform college-level work, and the rules must specify the
 4555  following:
 4556         (a) A student who entered 9th grade in a Florida public
 4557  school in the 2003-2004 school year, or any year thereafter, and
 4558  earned a Florida standard high school diploma or a student who
 4559  is serving as an active duty member of any branch of the United
 4560  States Armed Services shall not be required to take the common
 4561  placement test and shall not be required to enroll in
 4562  developmental education instruction in a Florida Community
 4563  College System institution. However, a student who is not
 4564  required to take the common placement test and is not required
 4565  to enroll in developmental education under this paragraph may
 4566  opt to be assessed and to enroll in developmental education
 4567  instruction, and the college shall provide such assessment and
 4568  instruction upon the student’s request.
 4569         (b) A student who takes the common placement test and whose
 4570  score on the test indicates a need for developmental education
 4571  must be advised of all the developmental education options
 4572  offered at the institution and, after advisement, shall be
 4573  allowed to enroll in the developmental education option of his
 4574  or her choice.
 4575         (c) A student who demonstrates readiness by achieving or
 4576  exceeding the test scores established by the state board and
 4577  enrolls in a Florida Community College System institution within
 4578  2 years after achieving such scores shall not be required to
 4579  retest or complete developmental education when admitted to any
 4580  Florida Community College System institution.
 4581         (4) By December 31, 2013, The State Board of Community
 4582  Colleges Education, in consultation with the Board of Governors,
 4583  shall approve a series of meta-majors and the academic pathways
 4584  that identify the gateway courses associated with each meta
 4585  major. Florida Community College System institutions shall use
 4586  placement test results to determine the extent to which each
 4587  student demonstrates sufficient communication and computation
 4588  skills to indicate readiness for his or her chosen meta-major.
 4589  Florida Community College System institutions shall counsel
 4590  students into college credit courses as quickly as possible,
 4591  with developmental education limited to that content needed for
 4592  success in the meta-major.
 4593         (5)(a) Each Florida Community College System institution
 4594  board of trustees shall develop a plan to implement the
 4595  developmental education strategies defined in s. 1008.02 and
 4596  rules established by the State Board of Community Colleges
 4597  Education. The plan must be submitted to the Chancellor of the
 4598  Florida Community College System for approval no later than
 4599  March 1, 2014, for implementation no later than the fall
 4600  semester 2014. Each plan must include, at a minimum, local
 4601  policies that outline:
 4602         1. Documented student achievements such as grade point
 4603  averages, work history, military experience, participation in
 4604  juried competitions, career interests, degree major declaration,
 4605  or any combination of such achievements that the institution may
 4606  consider, in addition to common placement test scores, for
 4607  advising students regarding enrollment options.
 4608         2. Developmental education strategies available to
 4609  students.
 4610         3. A description of student costs and financial aid
 4611  opportunities associated with each option.
 4612         4. Provisions for the collection of student success data.
 4613         5. A comprehensive plan for advising students into
 4614  appropriate developmental education strategies based on student
 4615  success data.
 4616         (b) Beginning October 31, 2015, each Florida Community
 4617  College System institution shall annually prepare an
 4618  accountability report that includes student success data
 4619  relating to each developmental education strategy implemented by
 4620  the institution. The report shall be submitted to the State
 4621  Board of Community Division of Florida Colleges by October 31 in
 4622  a format determined by the Chancellor of the Florida Community
 4623  College System. By December 31, the chancellor shall compile and
 4624  submit the institutional reports to the Governor, the President
 4625  of the Senate, the Speaker of the House of Representatives, and
 4626  the State Board of Community Colleges and the State Board of
 4627  Education.
 4628         (c) A university board of trustees may contract with a
 4629  Florida Community College System institution board of trustees
 4630  for the Florida Community College System institution to provide
 4631  developmental education on the state university campus. Any
 4632  state university in which the percentage of incoming students
 4633  requiring developmental education equals or exceeds the average
 4634  percentage of such students for the Florida Community College
 4635  System may offer developmental education without contracting
 4636  with a Florida Community College System institution; however,
 4637  any state university offering college-preparatory instruction as
 4638  of January 1, 1996, may continue to provide such services.
 4639         Section 68. Paragraphs (d) and (e) of subsection (1) and
 4640  paragraphs (a) and (c) of subsection (3) of section 1008.31,
 4641  Florida Statutes, are amended to read:
 4642         1008.31 Florida’s K-20 education performance accountability
 4643  system; legislative intent; mission, goals, and systemwide
 4644  measures; data quality improvements.—
 4645         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4646  that:
 4647         (d) The State Board of Education, and the Board of
 4648  Governors of the State University System, and the State Board of
 4649  Community Colleges of the Florida Community College System
 4650  recommend to the Legislature systemwide performance standards;
 4651  the Legislature establish systemwide performance measures and
 4652  standards; and the systemwide measures and standards provide
 4653  Floridians with information on what the public is receiving in
 4654  return for the funds it invests in education and how well the K
 4655  20 system educates its students.
 4656         (e)1. The State Board of Education establish performance
 4657  measures and set performance standards for individual public
 4658  schools and Florida College System institutions, with measures
 4659  and standards based primarily on student achievement.
 4660         2. The Board of Governors of the State University System
 4661  establish performance measures and set performance standards for
 4662  individual state universities, including actual completion
 4663  rates.
 4664         3. The State Board of Community Colleges establish
 4665  performance measures and set performance standards for
 4666  individual Florida Community College System institutions.
 4667         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4668  data required to implement education performance accountability
 4669  measures in state and federal law, the Commissioner of Education
 4670  shall initiate and maintain strategies to improve data quality
 4671  and timeliness. The Board of Governors shall make available to
 4672  the department all data within the State University Database
 4673  System to be integrated into the K-20 data warehouse. The
 4674  commissioner shall have unlimited access to such data for the
 4675  purposes of conducting studies, reporting annual and
 4676  longitudinal student outcomes, and improving college readiness
 4677  and articulation. All public educational institutions shall
 4678  annually provide data from the prior year to the K-20 data
 4679  warehouse in a format based on data elements identified by the
 4680  commissioner.
 4681         (a) School districts and public postsecondary educational
 4682  institutions shall maintain information systems that will
 4683  provide the State Board of Education, the Board of Governors of
 4684  the State University System, the State Board of Community
 4685  Colleges of the Florida Community College System, and the
 4686  Legislature with information and reports necessary to address
 4687  the specifications of the accountability system. The level of
 4688  comprehensiveness and quality must be no less than that which
 4689  was available as of June 30, 2001.
 4690         (c) The Commissioner of Education shall determine the
 4691  standards for the required data, monitor data quality, and
 4692  measure improvements. The commissioner shall report annually to
 4693  the State Board of Education, the Board of Governors of the
 4694  State University System, the State Board of Community Colleges
 4695  of the Florida Community College System, the President of the
 4696  Senate, and the Speaker of the House of Representatives data
 4697  quality indicators and ratings for all school districts and
 4698  public postsecondary educational institutions.
 4699         Section 69. Section 1008.32, Florida Statutes, is amended
 4700  to read:
 4701         1008.32 State Board of Education oversight enforcement
 4702  authority.—The State Board of Education shall oversee the
 4703  performance of district school boards and Florida College System
 4704  institution boards of trustees in enforcement of all laws and
 4705  rules. District school boards and Florida College System
 4706  institution boards of trustees shall be primarily responsible
 4707  for compliance with law and state board rule.
 4708         (1) In order to ensure compliance with law or state board
 4709  rule, the State Board of Education shall have the authority to
 4710  request and receive information, data, and reports from school
 4711  districts and Florida College System institutions. District
 4712  school superintendents and Florida College System institution
 4713  presidents are responsible for the accuracy of the information
 4714  and data reported to the state board.
 4715         (2) The Commissioner of Education may investigate
 4716  allegations of noncompliance with law or state board rule and
 4717  determine probable cause. The commissioner shall report
 4718  determinations of probable cause to the State Board of Education
 4719  which shall require the district school board or Florida College
 4720  System institution board of trustees to document compliance with
 4721  law or state board rule.
 4722         (3) If the district school board or Florida College System
 4723  institution board of trustees cannot satisfactorily document
 4724  compliance, the State Board of Education may order compliance
 4725  within a specified timeframe.
 4726         (4) If the State Board of Education determines that a
 4727  district school board or Florida College System institution
 4728  board of trustees is unwilling or unable to comply with law or
 4729  state board rule within the specified time, the state board
 4730  shall have the authority to initiate any of the following
 4731  actions:
 4732         (a) Report to the Legislature that the school district or
 4733  Florida College System institution is unwilling or unable to
 4734  comply with law or state board rule and recommend action to be
 4735  taken by the Legislature.
 4736         (b) Withhold the transfer of state funds, discretionary
 4737  grant funds, discretionary lottery funds, or any other funds
 4738  specified as eligible for this purpose by the Legislature until
 4739  the school district or Florida College System institution
 4740  complies with the law or state board rule.
 4741         (c) Declare the school district or Florida College System
 4742  institution ineligible for competitive grants.
 4743         (d) Require monthly or periodic reporting on the situation
 4744  related to noncompliance until it is remedied.
 4745         (5) Nothing in this section shall be construed to create a
 4746  private cause of action or create any rights for individuals or
 4747  entities in addition to those provided elsewhere in law or rule.
 4748         Section 70. Paragraphs (e) and (f) of subsection (7) of
 4749  section 1008.345, Florida Statutes, are amended to read:
 4750         1008.345 Implementation of state system of school
 4751  improvement and education accountability.—
 4752         (7) As a part of the system of educational accountability,
 4753  the Department of Education shall:
 4754         (e) Maintain a listing of college-level communication and
 4755  mathematics skills associated with successful student
 4756  performance through the baccalaureate level and submit it to the
 4757  State Board of Education, and the Board of Governors, and the
 4758  State Board of Community Colleges for approval.
 4759         (f) Perform any other functions that may be involved in
 4760  educational planning, research, and evaluation or that may be
 4761  required by the commissioner, the State Board of Education, the
 4762  State Board of Community Colleges, the Board of Governors, or
 4763  law.
 4764         Section 71. Subsections (1) and (2) of section 1008.37,
 4765  Florida Statutes, are amended to read:
 4766         1008.37 Postsecondary feedback of information to high
 4767  schools.—
 4768         (1) The Commissioner of Education shall report to the State
 4769  Board of Education, the Board of Governors, the State Board of
 4770  Community Colleges, the Legislature, and the district school
 4771  boards on the performance of each first-time-in-postsecondary
 4772  education student from each public high school in this state who
 4773  is enrolled in a public postsecondary institution or public
 4774  career center. Such reports must be based on information
 4775  databases maintained by the Department of Education. In
 4776  addition, the public postsecondary educational institutions and
 4777  career centers shall provide district school boards access to
 4778  information on student performance in regular and preparatory
 4779  courses and shall indicate students referred for remediation
 4780  pursuant to s. 1004.91 or s. 1008.30.
 4781         (2) The Commissioner of Education shall report, by high
 4782  school, to the State Board of Education, the Board of Governors,
 4783  the State Board of Community Colleges, and the Legislature, no
 4784  later than November 30 of each year, on the number of prior year
 4785  Florida high school graduates who enrolled for the first time in
 4786  public postsecondary education in this state during the previous
 4787  summer, fall, or spring term, indicating the number of students
 4788  whose scores on the common placement test indicated the need for
 4789  developmental education under s. 1008.30 or for applied
 4790  academics for adult education under s. 1004.91.
 4791         Section 72. Section 1008.38, Florida Statutes, is amended
 4792  to read:
 4793         1008.38 Articulation accountability process.—The State
 4794  Board of Education, in conjunction with the Board of Governors
 4795  and the State Board of Community Colleges, shall develop
 4796  articulation accountability measures which assess the status of
 4797  systemwide articulation processes authorized under s. 1007.23
 4798  and establish an articulation accountability process which at a
 4799  minimum shall address:
 4800         (1) The impact of articulation processes on ensuring
 4801  educational continuity and the orderly and unobstructed
 4802  transition of students between public secondary and
 4803  postsecondary education systems and facilitating the transition
 4804  of students between the public and private sectors.
 4805         (2) The adequacy of preparation of public secondary
 4806  students to smoothly articulate to a public postsecondary
 4807  institution.
 4808         (3) The effectiveness of articulated acceleration
 4809  mechanisms available to secondary students.
 4810         (4) The smooth transfer of Florida Community College System
 4811  associate degree graduates to a Florida Community College System
 4812  institution or a state university.
 4813         (5) An examination of degree requirements that exceed the
 4814  parameters of 60 credit hours for an associate degree and 120
 4815  hours for a baccalaureate degree in public postsecondary
 4816  programs.
 4817         (6) The relationship between student attainment of college
 4818  level academic skills and articulation to the upper division in
 4819  public postsecondary institutions.
 4820         Section 73. Section 1008.405, Florida Statutes, is amended
 4821  to read:
 4822         1008.405 Adult student information.—Each school district
 4823  and Florida Community College System institution shall maintain
 4824  sufficient information for each student enrolled in workforce
 4825  education to allow local and state administrators to locate such
 4826  student upon the termination of instruction and to determine the
 4827  appropriateness of student placement in specific instructional
 4828  programs. The State Board of Education and the State Board of
 4829  Community Colleges shall adopt, by rule, specific information
 4830  that must be maintained and acceptable means of maintaining that
 4831  information.
 4832         Section 74. Subsection (2) of section 1008.44, Florida
 4833  Statutes, is amended to read:
 4834         1008.44 CAPE Industry Certification Funding List and CAPE
 4835  Postsecondary Industry Certification Funding List.—
 4836         (2) The State Board of Education, for school districts, and
 4837  the State Board of Community Colleges, for Florida Community
 4838  College System institutions, shall collaborate to approve, at
 4839  least annually, the CAPE Postsecondary Industry Certification
 4840  Funding List pursuant to this section. The Commissioner of
 4841  Education and the Chancellor of the Florida Community College
 4842  System shall recommend, at least annually, the CAPE
 4843  Postsecondary Industry Certification Funding List to the State
 4844  Board of Education and the State Board of Community Colleges,
 4845  respectively, and may at any time recommend adding
 4846  certifications. The Chancellor of the State University System,
 4847  the Chancellor of the Florida Community College System, and the
 4848  Chancellor of Career and Adult Education shall work with local
 4849  workforce boards, other postsecondary institutions, businesses,
 4850  and industry to identify, create, and recommend to the
 4851  Commissioner of Education industry certifications to be placed
 4852  on the funding list. The list shall be used to determine annual
 4853  performance funding distributions to school districts or Florida
 4854  Community College System institutions as specified in ss.
 4855  1011.80 and 1011.81, respectively. The chancellors shall review
 4856  results of the economic security report of employment and
 4857  earning outcomes produced annually pursuant to s. 445.07 when
 4858  determining recommended certifications for the list, as well as
 4859  other reports and indicators available regarding certification
 4860  needs.
 4861         Section 75. Section 1008.45, Florida Statutes, is amended
 4862  to read:
 4863         1008.45 Florida Community College System institution
 4864  accountability process.—
 4865         (1) It is the intent of the Legislature that a management
 4866  and accountability process be implemented which provides for the
 4867  systematic, ongoing improvement and assessment of the
 4868  improvement of the quality and efficiency of the Florida
 4869  Community College System institutions. Accordingly, the State
 4870  Board of Community Colleges Education and the Florida Community
 4871  College System institution boards of trustees shall develop and
 4872  implement an accountability plan to improve and evaluate the
 4873  instructional and administrative efficiency and effectiveness of
 4874  the Florida Community College System. This plan shall be
 4875  designed in consultation with staff of the Governor and the
 4876  Legislature and must address the following issues:
 4877         (a) Graduation rates of A.A. and A.S. degree-seeking
 4878  students compared to first-time-enrolled students seeking the
 4879  associate degree.
 4880         (b) Minority student enrollment and retention rates.
 4881         (c) Student performance, including student performance in
 4882  college-level academic skills, mean grade point averages for
 4883  Florida Community College System institution A.A. transfer
 4884  students, and Florida Community College System institution
 4885  student performance on state licensure examinations.
 4886         (d) Job placement rates of Florida Community College System
 4887  institution career students.
 4888         (e) Student progression by admission status and program.
 4889         (f) Career accountability standards identified in s.
 4890  1008.42.
 4891         (g) Institutional assessment efforts related to the
 4892  requirements of s. III in the Criteria for Accreditation of the
 4893  Commission on Colleges of the Southern Association of Colleges
 4894  and Schools.
 4895         (h) Other measures approved by the State Board of Community
 4896  Colleges Education.
 4897         (2) The State Board of Community Colleges Education shall
 4898  submit an annual report, to coincide with the submission of the
 4899  state board’s agency strategic plan required by law, providing
 4900  the results of initiatives taken during the prior year and the
 4901  initiatives and related objective performance measures proposed
 4902  for the next year.
 4903         (3) The State Board of Community Colleges Education shall
 4904  address within the annual evaluation of the performance of the
 4905  chancellor executive director, and the Florida Community College
 4906  System institution boards of trustees shall address within the
 4907  annual evaluation of the presidents, the achievement of the
 4908  performance goals established by the accountability process.
 4909         Section 76. Section 1009.21, Florida Statutes, is amended
 4910  to read:
 4911         1009.21 Determination of resident status for tuition
 4912  purposes.—Students shall be classified as residents or
 4913  nonresidents for the purpose of assessing tuition in
 4914  postsecondary educational programs offered by charter technical
 4915  career centers or career centers operated by school districts,
 4916  in Florida Community College System institutions, and in state
 4917  universities.
 4918         (1) As used in this section, the term:
 4919         (a) “Dependent child” means any person, whether or not
 4920  living with his or her parent, who is eligible to be claimed by
 4921  his or her parent as a dependent under the federal income tax
 4922  code.
 4923         (b) “Initial enrollment” means the first day of class at an
 4924  institution of higher education.
 4925         (c) “Institution of higher education” means any charter
 4926  technical career center as defined in s. 1002.34, career center
 4927  operated by a school district as defined in s. 1001.44, Florida
 4928  Community College System institution as defined in s.
 4929  1000.21(3), or state university as defined in s. 1000.21(6).
 4930         (d) “Legal resident” or “resident” means a person who has
 4931  maintained his or her residence in this state for the preceding
 4932  year, has purchased a home which is occupied by him or her as
 4933  his or her residence, or has established a domicile in this
 4934  state pursuant to s. 222.17.
 4935         (e) “Nonresident for tuition purposes” means a person who
 4936  does not qualify for the in-state tuition rate.
 4937         (f) “Parent” means either or both parents of a student, any
 4938  guardian of a student, or any person in a parental relationship
 4939  to a student.
 4940         (g) “Resident for tuition purposes” means a person who
 4941  qualifies as provided in this section for the in-state tuition
 4942  rate.
 4943         (2)(a) To qualify as a resident for tuition purposes:
 4944         1. A person or, if that person is a dependent child, his or
 4945  her parent or parents must have established legal residence in
 4946  this state and must have maintained legal residence in this
 4947  state for at least 12 consecutive months immediately prior to
 4948  his or her initial enrollment in an institution of higher
 4949  education.
 4950         2. Every applicant for admission to an institution of
 4951  higher education shall be required to make a statement as to his
 4952  or her length of residence in the state and, further, shall
 4953  establish that his or her presence or, if the applicant is a
 4954  dependent child, the presence of his or her parent or parents in
 4955  the state currently is, and during the requisite 12-month
 4956  qualifying period was, for the purpose of maintaining a bona
 4957  fide domicile, rather than for the purpose of maintaining a mere
 4958  temporary residence or abode incident to enrollment in an
 4959  institution of higher education.
 4960         (b) However, with respect to a dependent child living with
 4961  an adult relative other than the child’s parent, such child may
 4962  qualify as a resident for tuition purposes if the adult relative
 4963  is a legal resident who has maintained legal residence in this
 4964  state for at least 12 consecutive months immediately before the
 4965  child’s initial enrollment in an institution of higher
 4966  education, provided the child has resided continuously with such
 4967  relative for the 3 years immediately before the child’s initial
 4968  enrollment in an institution of higher education, during which
 4969  time the adult relative has exercised day-to-day care,
 4970  supervision, and control of the child.
 4971         (c) The legal residence of a dependent child whose parents
 4972  are divorced, separated, or otherwise living apart will be
 4973  deemed to be this state if either parent is a legal resident of
 4974  this state, regardless of which parent is entitled to claim, and
 4975  does in fact claim, the minor as a dependent pursuant to federal
 4976  individual income tax provisions.
 4977         (d) A dependent child who is a United States citizen may
 4978  not be denied classification as a resident for tuition purposes
 4979  based solely upon the immigration status of his or her parent.
 4980         (3)(a) An individual shall not be classified as a resident
 4981  for tuition purposes and, thus, shall not be eligible to receive
 4982  the in-state tuition rate until he or she has provided such
 4983  evidence related to legal residence and its duration or, if that
 4984  individual is a dependent child, evidence of his or her parent’s
 4985  legal residence and its duration, as may be required by law and
 4986  by officials of the institution of higher education from which
 4987  he or she seeks the in-state tuition rate.
 4988         (b) Except as otherwise provided in this section, evidence
 4989  of legal residence and its duration shall include clear and
 4990  convincing documentation that residency in this state was for a
 4991  minimum of 12 consecutive months prior to a student’s initial
 4992  enrollment in an institution of higher education.
 4993         (c) Each institution of higher education shall
 4994  affirmatively determine that an applicant who has been granted
 4995  admission to that institution as a Florida resident meets the
 4996  residency requirements of this section at the time of initial
 4997  enrollment. The residency determination must be documented by
 4998  the submission of written or electronic verification that
 4999  includes two or more of the documents identified in this
 5000  paragraph. No single piece of evidence shall be conclusive.
 5001         1. The documents must include at least one of the
 5002  following:
 5003         a. A Florida voter’s registration card.
 5004         b. A Florida driver license.
 5005         c. A State of Florida identification card.
 5006         d. A Florida vehicle registration.
 5007         e. Proof of a permanent home in Florida which is occupied
 5008  as a primary residence by the individual or by the individual’s
 5009  parent if the individual is a dependent child.
 5010         f. Proof of a homestead exemption in Florida.
 5011         g. Transcripts from a Florida high school for multiple
 5012  years if the Florida high school diploma or high school
 5013  equivalency diploma was earned within the last 12 months.
 5014         h. Proof of permanent full-time employment in Florida for
 5015  at least 30 hours per week for a 12-month period.
 5016         2. The documents may include one or more of the following:
 5017         a. A declaration of domicile in Florida.
 5018         b. A Florida professional or occupational license.
 5019         c. Florida incorporation.
 5020         d. A document evidencing family ties in Florida.
 5021         e. Proof of membership in a Florida-based charitable or
 5022  professional organization.
 5023         f. Any other documentation that supports the student’s
 5024  request for resident status, including, but not limited to,
 5025  utility bills and proof of 12 consecutive months of payments; a
 5026  lease agreement and proof of 12 consecutive months of payments;
 5027  or an official state, federal, or court document evidencing
 5028  legal ties to Florida.
 5029         (4) With respect to a dependent child, the legal residence
 5030  of the dependent child’s parent or parents is prima facie
 5031  evidence of the dependent child’s legal residence, which
 5032  evidence may be reinforced or rebutted, relative to the age and
 5033  general circumstances of the dependent child, by the other
 5034  evidence of legal residence required of or presented by the
 5035  dependent child. However, the legal residence of a dependent
 5036  child’s parent or parents who are domiciled outside this state
 5037  is not prima facie evidence of the dependent child’s legal
 5038  residence if that dependent child has lived in this state for 5
 5039  consecutive years prior to enrolling or reregistering at the
 5040  institution of higher education at which resident status for
 5041  tuition purposes is sought.
 5042         (5) A person who physically resides in this state may be
 5043  classified as a resident for tuition purposes if he or she
 5044  marries a person who meets the 12-month residency requirement
 5045  under subsection (2) and who is a legal resident of this state.
 5046         (6)(a) Except as otherwise provided in this section, a
 5047  person who is classified as a nonresident for tuition purposes
 5048  may become eligible for reclassification as a resident for
 5049  tuition purposes if that person or, if that person is a
 5050  dependent child, his or her parent presents clear and convincing
 5051  documentation that supports permanent legal residency in this
 5052  state for at least 12 consecutive months rather than temporary
 5053  residency for the purpose of pursuing an education, such as
 5054  documentation of full-time permanent employment for the prior 12
 5055  months or the purchase of a home in this state and residence
 5056  therein for the prior 12 months while not enrolled in an
 5057  institution of higher education.
 5058         (b) If a person who is a dependent child and his or her
 5059  parent move to this state while such child is a high school
 5060  student and the child graduates from a high school in this
 5061  state, the child may become eligible for reclassification as a
 5062  resident for tuition purposes when the parent submits evidence
 5063  that the parent qualifies for permanent residency.
 5064         (c) If a person who is a dependent child and his or her
 5065  parent move to this state after such child graduates from high
 5066  school, the child may become eligible for reclassification as a
 5067  resident for tuition purposes after the parent submits evidence
 5068  that he or she has established legal residence in the state and
 5069  has maintained legal residence in the state for at least 12
 5070  consecutive months.
 5071         (d) A person who is classified as a nonresident for tuition
 5072  purposes and who marries a legal resident of the state or
 5073  marries a person who becomes a legal resident of the state may,
 5074  upon becoming a legal resident of the state, become eligible for
 5075  reclassification as a resident for tuition purposes upon
 5076  submitting evidence of his or her own legal residency in the
 5077  state, evidence of his or her marriage to a person who is a
 5078  legal resident of the state, and evidence of the spouse’s legal
 5079  residence in the state for at least 12 consecutive months
 5080  immediately preceding the application for reclassification.
 5081         (7) A person shall not lose his or her resident status for
 5082  tuition purposes solely by reason of serving, or, if such person
 5083  is a dependent child, by reason of his or her parent’s or
 5084  parents’ serving, in the Armed Forces outside this state.
 5085         (8) A person who has been properly classified as a resident
 5086  for tuition purposes but who, while enrolled in an institution
 5087  of higher education in this state, loses his or her resident
 5088  tuition status because the person or, if he or she is a
 5089  dependent child, the person’s parent or parents establish
 5090  domicile or legal residence elsewhere shall continue to enjoy
 5091  the in-state tuition rate for a statutory grace period, which
 5092  period shall be measured from the date on which the
 5093  circumstances arose that culminated in the loss of resident
 5094  tuition status and shall continue for 12 months. However, if the
 5095  12-month grace period ends during a semester or academic term
 5096  for which such former resident is enrolled, such grace period
 5097  shall be extended to the end of that semester or academic term.
 5098         (9) Any person who ceases to be enrolled at or who
 5099  graduates from an institution of higher education while
 5100  classified as a resident for tuition purposes and who
 5101  subsequently abandons his or her domicile in this state shall be
 5102  permitted to reenroll at an institution of higher education in
 5103  this state as a resident for tuition purposes without the
 5104  necessity of meeting the 12-month durational requirement of this
 5105  section if that person has reestablished his or her domicile in
 5106  this state within 12 months of such abandonment and continuously
 5107  maintains the reestablished domicile during the period of
 5108  enrollment. The benefit of this subsection shall not be accorded
 5109  more than once to any one person.
 5110         (10) The following persons shall be classified as residents
 5111  for tuition purposes:
 5112         (a) Active duty members of the Armed Services of the United
 5113  States residing or stationed in this state, their spouses, and
 5114  dependent children, and active drilling members of the Florida
 5115  National Guard.
 5116         (b) Active duty members of the Armed Services of the United
 5117  States and their spouses and dependents attending a Florida
 5118  Community College System institution or state university within
 5119  50 miles of the military establishment where they are stationed,
 5120  if such military establishment is within a county contiguous to
 5121  Florida.
 5122         (c) United States citizens living on the Isthmus of Panama,
 5123  who have completed 12 consecutive months of college work at the
 5124  Florida State University Panama Canal Branch, and their spouses
 5125  and dependent children.
 5126         (d) Full-time instructional and administrative personnel
 5127  employed by state public schools and institutions of higher
 5128  education and their spouses and dependent children.
 5129         (e) Students from Latin America and the Caribbean who
 5130  receive scholarships from the federal or state government. Any
 5131  student classified pursuant to this paragraph shall attend, on a
 5132  full-time basis, a Florida institution of higher education.
 5133         (f) Southern Regional Education Board’s Academic Common
 5134  Market graduate students attending Florida’s state universities.
 5135         (g) Full-time employees of state agencies or political
 5136  subdivisions of the state when the student fees are paid by the
 5137  state agency or political subdivision for the purpose of job
 5138  related law enforcement or corrections training.
 5139         (h) McKnight Doctoral Fellows and Finalists who are United
 5140  States citizens.
 5141         (i) United States citizens living outside the United States
 5142  who are teaching at a Department of Defense Dependent School or
 5143  in an American International School and who enroll in a graduate
 5144  level education program which leads to a Florida teaching
 5145  certificate.
 5146         (j) Active duty members of the Canadian military residing
 5147  or stationed in this state under the North American Air Defense
 5148  (NORAD) agreement, and their spouses and dependent children,
 5149  attending a Florida Community College System institution or
 5150  state university within 50 miles of the military establishment
 5151  where they are stationed.
 5152         (k) Active duty members of a foreign nation’s military who
 5153  are serving as liaison officers and are residing or stationed in
 5154  this state, and their spouses and dependent children, attending
 5155  a Florida Community College System institution or state
 5156  university within 50 miles of the military establishment where
 5157  the foreign liaison officer is stationed.
 5158         (11) Once a student has been classified as a resident for
 5159  tuition purposes, an institution of higher education to which
 5160  the student transfers is not required to reevaluate the
 5161  classification unless inconsistent information suggests that an
 5162  erroneous classification was made or the student’s situation has
 5163  changed. However, the student must have attended the institution
 5164  making the initial classification within the prior 12 months,
 5165  and the residency classification must be noted on the student’s
 5166  transcript. The Higher Education Coordinating Council shall
 5167  consider issues related to residency determinations and make
 5168  recommendations relating to efficiency and effectiveness of
 5169  current law.
 5170         (12) Each institution of higher education shall establish a
 5171  residency appeal committee comprised of at least three members
 5172  to consider student appeals of residency determinations, in
 5173  accordance with the institution’s official appeal process. The
 5174  residency appeal committee must render to the student the final
 5175  residency determination in writing. The institution must advise
 5176  the student of the reasons for the determination.
 5177         (13) The State Board of Education, and the Board of
 5178  Governors, and the State Board of Community Colleges shall adopt
 5179  rules to implement this section.
 5180         Section 77. Paragraph (e) of subsection (3) of section
 5181  1009.22, Florida Statutes, is amended to read:
 5182         1009.22 Workforce education postsecondary student fees.—
 5183         (3)
 5184         (e) The State Board of Education and the State Board of
 5185  Community Colleges may adopt, by rule, the definitions and
 5186  procedures that district school boards and Florida Community
 5187  College System institution boards of trustees shall use in the
 5188  calculation of cost borne by students.
 5189         Section 78. Section 1009.23, Florida Statutes, is amended
 5190  to read:
 5191         1009.23 Florida Community College System institution
 5192  student fees.—
 5193         (1) Unless otherwise provided, this section applies only to
 5194  fees charged for college credit instruction leading to an
 5195  associate in arts degree, an associate in applied science
 5196  degree, an associate in science degree, or a baccalaureate
 5197  degree authorized pursuant to s. 1007.33, for noncollege credit
 5198  developmental education defined in s. 1004.02, and for educator
 5199  preparation institute programs defined in s. 1004.85.
 5200         (2)(a) All students shall be charged fees except students
 5201  who are exempt from fees or students whose fees are waived.
 5202         (b) Tuition and out-of-state fees for upper-division
 5203  courses must reflect the fact that the Florida Community College
 5204  System institution has a less expensive cost structure than that
 5205  of a state university. Therefore, the board of trustees shall
 5206  establish tuition and out-of-state fees for upper-division
 5207  courses in baccalaureate degree programs approved pursuant to s.
 5208  1007.33 consistent with law and proviso language in the General
 5209  Appropriations Act. However, the board of trustees may vary
 5210  tuition and out-of-state fees only as provided in subsection (6)
 5211  and s. 1009.26(11).
 5212         (3)(a) Effective July 1, 2014, for advanced and
 5213  professional, postsecondary vocational, developmental education,
 5214  and educator preparation institute programs, the standard
 5215  tuition shall be $71.98 per credit hour for residents and
 5216  nonresidents, and the out-of-state fee shall be $215.94 per
 5217  credit hour.
 5218         (b) Effective July 1, 2014, for baccalaureate degree
 5219  programs, the following tuition and fee rates shall apply:
 5220         1. The tuition shall be $91.79 per credit hour for students
 5221  who are residents for tuition purposes.
 5222         2. The sum of the tuition and he out-of-state fee per
 5223  credit hour for students who are nonresidents for tuition
 5224  purposes shall be no more than 85 percent of the sum of the
 5225  tuition and the out-of-state fee at the state university nearest
 5226  the Florida Community College System institution.
 5227         (4) Each Florida Community College System institution board
 5228  of trustees shall establish tuition and out-of-state fees, which
 5229  may vary no more than 10 percent below and 15 percent above the
 5230  combined total of the standard tuition and fees established in
 5231  subsection (3).
 5232         (5) Except as otherwise provided in law, the sum of
 5233  nonresident student tuition and out-of-state fees must be
 5234  sufficient to defray the full cost of each program.
 5235         (6)(a) A Florida Community College System institution board
 5236  of trustees that has a service area that borders another state
 5237  may implement a plan for a differential out-of-state fee.
 5238         (b) A Florida Community College System institution board of
 5239  trustees may establish a differential out-of-state fee for a
 5240  student who has been determined to be a nonresident for tuition
 5241  purposes pursuant to s. 1009.21 and is enrolled in a distance
 5242  learning course offered by the institution. A differential out
 5243  of-state fee established pursuant to this paragraph shall be
 5244  applicable only to distance learning courses and must be
 5245  established such that the sum of tuition and the differential
 5246  out-of-state fee is sufficient to defray the full cost of
 5247  instruction.
 5248         (7) Each Florida Community College System institution board
 5249  of trustees may establish a separate activity and service fee
 5250  not to exceed 10 percent of the tuition fee, according to rules
 5251  of the State Board of Community Colleges Education. The student
 5252  activity and service fee shall be collected as a component part
 5253  of the tuition and fees. The student activity and service fees
 5254  shall be paid into a student activity and service fund at the
 5255  Florida Community College System institution and shall be
 5256  expended for lawful purposes to benefit the student body in
 5257  general. These purposes include, but are not limited to, student
 5258  publications and grants to duly recognized student
 5259  organizations, the membership of which is open to all students
 5260  at the Florida Community College System institution without
 5261  regard to race, sex, or religion. No Florida Community College
 5262  System institution shall be required to lower any activity and
 5263  service fee approved by the board of trustees of the Florida
 5264  Community College System institution and in effect prior to
 5265  October 26, 2007, in order to comply with the provisions of this
 5266  subsection.
 5267         (8)(a) Each Florida Community College System institution
 5268  board of trustees is authorized to establish a separate fee for
 5269  financial aid purposes in an additional amount up to, but not to
 5270  exceed, 5 percent of the total student tuition or out-of-state
 5271  fees collected. Each Florida Community College System
 5272  institution board of trustees may collect up to an additional 2
 5273  percent if the amount generated by the total financial aid fee
 5274  is less than $500,000. If the amount generated is less than
 5275  $500,000, a Florida Community College System institution that
 5276  charges tuition and out-of-state fees at least equal to the
 5277  average fees established by rule may transfer from the general
 5278  current fund to the scholarship fund an amount equal to the
 5279  difference between $500,000 and the amount generated by the
 5280  total financial aid fee assessment. No other transfer from the
 5281  general current fund to the loan, endowment, or scholarship
 5282  fund, by whatever name known, is authorized.
 5283         (b) All funds collected under this program shall be placed
 5284  in the loan and endowment fund or scholarship fund of the
 5285  college, by whatever name known. Such funds shall be disbursed
 5286  to students as quickly as possible. An amount not greater than
 5287  40 percent of the fees collected in a fiscal year may be carried
 5288  forward unexpended to the following fiscal year. However, funds
 5289  collected prior to July 1, 1989, and placed in an endowment fund
 5290  may not be considered part of the balance of funds carried
 5291  forward unexpended to the following fiscal year.
 5292         (c) Up to 25 percent or $600,000, whichever is greater, of
 5293  the financial aid fees collected may be used to assist students
 5294  who demonstrate academic merit; who participate in athletics,
 5295  public service, cultural arts, and other extracurricular
 5296  programs as determined by the institution; or who are identified
 5297  as members of a targeted gender or ethnic minority population.
 5298  The financial aid fee revenues allocated for athletic
 5299  scholarships and any fee exemptions provided to athletes
 5300  pursuant to s. 1009.25(2) must be distributed equitably as
 5301  required by s. 1000.05(3)(d). A minimum of 75 percent of the
 5302  balance of these funds for new awards shall be used to provide
 5303  financial aid based on absolute need, and the remainder of the
 5304  funds shall be used for academic merit purposes and other
 5305  purposes approved by the boards of trustees. Such other purposes
 5306  shall include the payment of child care fees for students with
 5307  financial need. The State Board of Education shall develop
 5308  criteria for making financial aid awards. Each college shall
 5309  report annually to the Department of Education on the revenue
 5310  collected pursuant to this paragraph, the amount carried
 5311  forward, the criteria used to make awards, the amount and number
 5312  of awards for each criterion, and a delineation of the
 5313  distribution of such awards. The report shall include an
 5314  assessment by category of the financial need of every student
 5315  who receives an award, regardless of the purpose for which the
 5316  award is received. Awards that are based on financial need shall
 5317  be distributed in accordance with a nationally recognized system
 5318  of need analysis approved by the State Board of Education. An
 5319  award for academic merit requires a minimum overall grade point
 5320  average of 3.0 on a 4.0 scale or the equivalent for both initial
 5321  receipt of the award and renewal of the award.
 5322         (d) These funds may not be used for direct or indirect
 5323  administrative purposes or salaries.
 5324         (9) Any Florida Community College System institution that
 5325  reports students who have not paid fees in an approved manner in
 5326  calculations of full-time equivalent enrollments for state
 5327  funding purposes shall be penalized at a rate equal to two times
 5328  the value of such enrollments. Such penalty shall be charged
 5329  against the following year’s allocation from the Florida
 5330  Community College System Program Fund and shall revert to the
 5331  General Revenue Fund.
 5332         (10) Each Florida Community College System institution
 5333  board of trustees is authorized to establish a separate fee for
 5334  technology, which may not exceed 5 percent of tuition per credit
 5335  hour or credit-hour equivalent for resident students and may not
 5336  exceed 5 percent of tuition and the out-of-state fee per credit
 5337  hour or credit-hour equivalent for nonresident students.
 5338  Revenues generated from the technology fee shall be used to
 5339  enhance instructional technology resources for students and
 5340  faculty. The technology fee may apply to both college credit and
 5341  developmental education and shall not be included in any award
 5342  under the Florida Bright Futures Scholarship Program. Fifty
 5343  percent of technology fee revenues may be pledged by a Florida
 5344  Community College System institution board of trustees as a
 5345  dedicated revenue source for the repayment of debt, including
 5346  lease-purchase agreements, not to exceed the useful life of the
 5347  asset being financed. Revenues generated from the technology fee
 5348  may not be bonded.
 5349         (11)(a) Each Florida Community College System institution
 5350  board of trustees may establish a separate fee for capital
 5351  improvements, technology enhancements, equipping student
 5352  buildings, or the acquisition of improved real property which
 5353  may not exceed 20 percent of tuition for resident students or 20
 5354  percent of the sum of tuition and out-of-state fees for
 5355  nonresident students. The fee for resident students shall be
 5356  limited to an increase of $2 per credit hour over the prior
 5357  year. Funds collected by Florida Community College System
 5358  institutions through the fee may be bonded only as provided in
 5359  this subsection for the purpose of financing or refinancing new
 5360  construction and equipment, renovation, remodeling of
 5361  educational facilities, or the acquisition and renovation or
 5362  remodeling of improved real property for use as educational
 5363  facilities. The fee shall be collected as a component part of
 5364  the tuition and fees, paid into a separate account, and expended
 5365  only to acquire improved real property or construct and equip,
 5366  maintain, improve, or enhance the educational facilities of the
 5367  Florida Community College System institution. Projects and
 5368  acquisitions of improved real property funded through the use of
 5369  the capital improvement fee shall meet the survey and
 5370  construction requirements of chapter 1013. Pursuant to s.
 5371  216.0158, each Florida Community College System institution
 5372  shall identify each project, including maintenance projects,
 5373  proposed to be funded in whole or in part by such fee.
 5374         (b) Capital improvement fee revenues may be pledged by a
 5375  board of trustees as a dedicated revenue source to the repayment
 5376  of debt, including lease-purchase agreements, with an overall
 5377  term of not more than 7 years, including renewals, extensions,
 5378  and refundings, and revenue bonds with a term not exceeding 20
 5379  annual maturities and not exceeding the useful life of the asset
 5380  being financed, only for financing or refinancing of the new
 5381  construction and equipment, renovation, or remodeling of
 5382  educational facilities. Bonds authorized pursuant to this
 5383  subsection shall be requested by the Florida Community College
 5384  System institution board of trustees and shall be issued by the
 5385  Division of Bond Finance in compliance with s. 11(d), Art. VII
 5386  of the State Constitution and the State Bond Act. The Division
 5387  of Bond Finance may pledge fees collected by one or more Florida
 5388  Community College System institutions to secure such bonds. Any
 5389  project included in the approved educational plant survey
 5390  pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.
 5391  VII of the State Constitution.
 5392         (c) Bonds issued pursuant to this subsection may be
 5393  validated in the manner provided by chapter 75. Only the initial
 5394  series of bonds is required to be validated. The complaint for
 5395  such validation shall be filed in the circuit court of the
 5396  county where the seat of state government is situated, the
 5397  notice required to be published by s. 75.06 shall be published
 5398  only in the county where the complaint is filed, and the
 5399  complaint and order of the circuit court shall be served only on
 5400  the state attorney of the circuit in which the action is
 5401  pending.
 5402         (d) A maximum of 15 percent may be allocated from the
 5403  capital improvement fee for child care centers conducted by the
 5404  Florida Community College System institution. The use of capital
 5405  improvement fees for such purpose shall be subordinate to the
 5406  payment of any bonds secured by the fees.
 5407         (e) The state does hereby covenant with the holders of the
 5408  bonds issued under this subsection that it will not take any
 5409  action that will materially and adversely affect the rights of
 5410  such holders so long as the bonds authorized by this subsection
 5411  are outstanding.
 5412         (12)(a) In addition to tuition, out-of-state, financial
 5413  aid, capital improvement, student activity and service, and
 5414  technology fees authorized in this section, each Florida
 5415  Community College System institution board of trustees is
 5416  authorized to establish fee schedules for the following user
 5417  fees and fines: laboratory fees, which do not apply to a
 5418  distance learning course; parking fees and fines; library fees
 5419  and fines; fees and fines relating to facilities and equipment
 5420  use or damage; access or identification card fees; duplicating,
 5421  photocopying, binding, or microfilming fees; standardized
 5422  testing fees; diploma replacement fees; transcript fees;
 5423  application fees; graduation fees; and late fees related to
 5424  registration and payment. Such user fees and fines shall not
 5425  exceed the cost of the services provided and shall only be
 5426  charged to persons receiving the service. A Florida Community
 5427  College System institution may not charge any fee except as
 5428  authorized by law. Parking fee revenues may be pledged by a
 5429  Florida Community College System institution board of trustees
 5430  as a dedicated revenue source for the repayment of debt,
 5431  including lease-purchase agreements, with an overall term of not
 5432  more than 7 years, including renewals, extensions, and
 5433  refundings, and revenue bonds with a term not exceeding 20 years
 5434  and not exceeding the useful life of the asset being financed.
 5435  Florida Community College System institutions shall use the
 5436  services of the Division of Bond Finance of the State Board of
 5437  Administration to issue any revenue bonds authorized by this
 5438  subsection. Any such bonds issued by the Division of Bond
 5439  Finance shall be in compliance with the provisions of the State
 5440  Bond Act. Bonds issued pursuant to the State Bond Act may be
 5441  validated in the manner established in chapter 75. The complaint
 5442  for such validation shall be filed in the circuit court of the
 5443  county where the seat of state government is situated, the
 5444  notice required to be published by s. 75.06 shall be published
 5445  only in the county where the complaint is filed, and the
 5446  complaint and order of the circuit court shall be served only on
 5447  the state attorney of the circuit in which the action is
 5448  pending.
 5449         (b) The State Board of Community Colleges Education may
 5450  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
 5451  this subsection.
 5452         (13) The State Board of Community Colleges Education shall
 5453  specify, as necessary, by rule, approved methods of student fee
 5454  payment. Such methods shall include, but not be limited to,
 5455  student fee payment; payment through federal, state, or
 5456  institutional financial aid; and employer fee payments.
 5457         (14) Each Florida Community College System institution
 5458  board of trustees shall report only those students who have
 5459  actually enrolled in instruction provided or supervised by
 5460  instructional personnel under contract with the Florida
 5461  Community College System institution in calculations of actual
 5462  full-time equivalent enrollments for state funding purposes. No
 5463  student who has been exempted from taking a course or who has
 5464  been granted academic or career credit through means other than
 5465  actual coursework completed at the granting institution shall be
 5466  calculated for enrollment in the course from which he or she has
 5467  been exempted or granted credit. Florida Community College
 5468  System institutions that report enrollments in violation of this
 5469  subsection shall be penalized at a rate equal to two times the
 5470  value of such enrollments. Such penalty shall be charged against
 5471  the following year’s allocation from the Florida Community
 5472  College System Program Fund and shall revert to the General
 5473  Revenue Fund.
 5474         (15) Each Florida Community College System institution may
 5475  assess a service charge for the payment of tuition and fees in
 5476  installments and a convenience fee for the processing of
 5477  automated or online credit card payments. However, the amount of
 5478  the convenience fee may not exceed the total cost charged by the
 5479  credit card company to the Florida Community College System
 5480  institution. Such service charge or convenience fee must be
 5481  approved by the Florida Community College System institution
 5482  board of trustees.
 5483         (16)(a) Each Florida Community College System institution
 5484  may assess a student who enrolls in a course listed in the
 5485  distance learning catalog, established pursuant to s. 1006.735,
 5486  a per-credit-hour distance learning course user fee. For
 5487  purposes of assessing this fee, a distance learning course is a
 5488  course in which at least 80 percent of the direct instruction of
 5489  the course is delivered using some form of technology when the
 5490  student and instructor are separated by time or space, or both.
 5491         (b) The amount of the distance learning course user fee may
 5492  not exceed the additional costs of the services provided which
 5493  are attributable to the development and delivery of the distance
 5494  learning course. If a Florida Community College System
 5495  institution assesses the distance learning course user fee, the
 5496  institution may not assess any other fees to cover the
 5497  additional costs. By September 1 of each year, each board of
 5498  trustees shall report to the State Board of Community Colleges
 5499  Division of Florida Colleges the total amount of revenue
 5500  generated by the distance learning course user fee for the prior
 5501  fiscal year and how the revenue was expended.
 5502         (c) If an institution assesses the distance learning fee,
 5503  the institution must provide a link to the catalog within the
 5504  advising and distance learning sections of the institution’s
 5505  website, using a graphic and description provided by the
 5506  Complete Florida Plus Program, to inform students of the
 5507  catalog.
 5508         (17) Each Florida Community College System institution that
 5509  accepts transient students, pursuant to s. 1006.735, may
 5510  establish a transient student fee not to exceed $5 per course
 5511  for processing the transient student admissions application.
 5512         (18)(a) The Board of Trustees of Santa Fe College may
 5513  establish a transportation access fee. Revenue from the fee may
 5514  be used only to provide or improve access to transportation
 5515  services for students enrolled at Santa Fe College. The fee may
 5516  not exceed $6 per credit hour. An increase in the transportation
 5517  access fee may occur only once each fiscal year and must be
 5518  implemented beginning with the fall term. A referendum must be
 5519  held by the student government to approve the application of the
 5520  fee.
 5521         (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536,
 5522  the transportation access fee authorized under paragraph (a) may
 5523  not be included in calculating the amount a student receives for
 5524  a Florida Academic Scholars award, a Florida Medallion Scholars
 5525  award, or a Florida Gold Seal Vocational Scholars award.
 5526         (19) The State Board of Community Colleges Education shall
 5527  adopt a rule specifying the definitions and procedures to be
 5528  used in the calculation of the percentage of cost paid by
 5529  students. The rule must provide for the calculation of the full
 5530  cost of educational programs based on the allocation of all
 5531  funds provided through the general current fund to programs of
 5532  instruction, and other activities as provided in the annual
 5533  expenditure analysis. The rule shall be developed in
 5534  consultation with the Legislature.
 5535         (20) Each Florida Community College System institution
 5536  shall publicly notice and notify all enrolled students of any
 5537  proposal to increase tuition or fees at least 28 days before its
 5538  consideration at a board of trustees meeting. The notice must:
 5539         (a) Include the date and time of the meeting at which the
 5540  proposal will be considered.
 5541         (b) Specifically outline the details of existing tuition
 5542  and fees, the rationale for the proposed increase, and how the
 5543  funds from the proposed increase will be used.
 5544         (c) Be posted on the institution’s website and issued in a
 5545  press release.
 5546         Section 79. Subsection (2) of section 1009.25, Florida
 5547  Statutes, is amended to read:
 5548         1009.25 Fee exemptions.—
 5549         (2) Each Florida Community College System institution is
 5550  authorized to grant student fee exemptions from all fees adopted
 5551  by the State Board of Community Colleges Education and the
 5552  Florida Community College System institution board of trustees
 5553  for up to 54 full-time equivalent students or 1 percent of the
 5554  institution’s total full-time equivalent enrollment, whichever
 5555  is greater, at each institution.
 5556         Section 80. Paragraph (b) of subsection (12), paragraphs
 5557  (c) and (d) of subsection (13), and paragraph (d) of subsection
 5558  (14) of section 1009.26, Florida Statutes, are amended, to read:
 5559         1009.26 Fee waivers.—
 5560         (12) 
 5561         (b) Tuition and fees charged to a student who qualifies for
 5562  the out-of-state fee waiver under this subsection may not exceed
 5563  the tuition and fees charged to a resident student. The waiver
 5564  is applicable for 110 percent of the required credit hours of
 5565  the degree or certificate program for which the student is
 5566  enrolled. Each state university, Florida Community College
 5567  System institution, career center operated by a school district
 5568  under s. 1001.44, and charter technical career center shall
 5569  report to the Board of Governors, the State Board of Community
 5570  Colleges, and the State Board of Education, respectively, the
 5571  number and value of all fee waivers granted annually under this
 5572  subsection. By October 1 of each year, the Board of Governors,
 5573  for the state universities; and the State Board of Community
 5574  Colleges, Education for Florida Community College System
 5575  institutions;, career centers operated by a school district
 5576  under s. 1001.44;, and charter technical career centers shall
 5577  annually report for the previous academic year the percentage of
 5578  resident and nonresident students enrolled systemwide.
 5579         (13) 
 5580         (c) Each state university, Florida Community College System
 5581  institution, career center operated by a school district under
 5582  s. 1001.44, and charter technical career center shall report to
 5583  the Board of Governors, the State Board of Community, and the
 5584  State Board of Education, respectively, the number and value of
 5585  all fee waivers granted annually under this subsection.
 5586         (d) The Board of Governors, the State Board of Community
 5587  Colleges, and the State Board of Education shall respectively
 5588  adopt regulations and rules to administer this subsection.
 5589         (14)
 5590         (d) The Board of Governors, the State Board of Community
 5591  Colleges, and the State Board of Education shall respectively
 5592  adopt regulations and rules to administer this subsection.
 5593         Section 81. Section 1009.28, Florida Statutes, is amended
 5594  to read:
 5595         1009.28 Fees for repeated enrollment in developmental
 5596  education classes.—A student enrolled in the same developmental
 5597  education class more than twice shall pay 100 percent of the
 5598  full cost of instruction to support continuous enrollment of
 5599  that student in the same class, and the student shall not be
 5600  included in calculations of full-time equivalent enrollments for
 5601  state funding purposes; however, students who withdraw or fail a
 5602  class due to extenuating circumstances may be granted an
 5603  exception only once for each class, provided approval is granted
 5604  according to policy established by the board of trustees. Each
 5605  Florida Community College System institution may review and
 5606  reduce fees paid by students due to continued enrollment in a
 5607  developmental education class on an individual basis contingent
 5608  upon the student’s financial hardship, pursuant to definitions
 5609  and fee levels established by the State Board of Community
 5610  Colleges Education.
 5611         Section 82. Subsections (9) and (12) of section 1009.90,
 5612  Florida Statutes, are amended to read:
 5613         1009.90 Duties of the Department of Education.—The duties
 5614  of the department shall include:
 5615         (9) Development and submission of a report, annually, to
 5616  the State Board of Education, the Board of Governors, the State
 5617  Board of Community Colleges, the President of the Senate, and
 5618  the Speaker of the House of Representatives, which shall
 5619  include, but not be limited to, recommendations for the
 5620  distribution of state financial aid funds.
 5621         (12) Calculation of the amount of need-based student
 5622  financial aid required to offset fee increases recommended by
 5623  the State Board of Education, and the Board of Governors, and
 5624  the State Board of Community Colleges, and inclusion of such
 5625  amount within the legislative budget request for student
 5626  assistance grant programs.
 5627         Section 83. Subsection (4) of section 1009.91, Florida
 5628  Statutes, is amended to read:
 5629         1009.91 Assistance programs and activities of the
 5630  department.—
 5631         (4) The department shall maintain records on the student
 5632  loan default rate of each Florida postsecondary institution and
 5633  report that information annually to both the institution and the
 5634  State Board of Education. Information relating to state
 5635  universities shall also be reported annually to the Board of
 5636  Governors. Information relating to Florida Community College
 5637  System institutions shall be reported annually to the State
 5638  Board of Community Colleges.
 5639         Section 84. Subsection (2) of section 1009.971, Florida
 5640  Statutes, is amended to read:
 5641         1009.971 Florida Prepaid College Board.—
 5642         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 5643  shall consist of seven members to be composed of the Attorney
 5644  General, the Chief Financial Officer, the Chancellor of the
 5645  State University System, the Chancellor of the Florida Community
 5646  College System Division of Florida Colleges, and three members
 5647  appointed by the Governor and subject to confirmation by the
 5648  Senate. Each member appointed by the Governor shall possess
 5649  knowledge, skill, and experience in the areas of accounting,
 5650  actuary, risk management, or investment management. Each member
 5651  of the board not appointed by the Governor may name a designee
 5652  to serve on the board on behalf of the member; however, any
 5653  designee so named shall meet the qualifications required of
 5654  gubernatorial appointees to the board. Members appointed by the
 5655  Governor shall serve terms of 3 years. Any person appointed to
 5656  fill a vacancy on the board shall be appointed in a like manner
 5657  and shall serve for only the unexpired term. Any member shall be
 5658  eligible for reappointment and shall serve until a successor
 5659  qualifies. Members of the board shall serve without compensation
 5660  but shall be reimbursed for per diem and travel in accordance
 5661  with s. 112.061. Each member of the board shall file a full and
 5662  public disclosure of his or her financial interests pursuant to
 5663  s. 8, Art. II of the State Constitution and corresponding
 5664  statute.
 5665         Section 85. Section 1010.01, Florida Statutes, is amended
 5666  to read:
 5667         1010.01 Uniform records and accounts.—
 5668         (1)(a) The financial records and accounts of each school
 5669  district, Florida College System institution, and other
 5670  institution or agency under the supervision of the State Board
 5671  of Education shall be prepared and maintained as prescribed by
 5672  law and rules of the State Board of Education.
 5673         (b) The financial records and accounts of each state
 5674  university under the supervision of the Board of Governors shall
 5675  be prepared and maintained as prescribed by law and rules of the
 5676  Board of Governors.
 5677         (c) The financial records and accounts of each Florida
 5678  Community College System institution under the supervision of
 5679  the State Board of Community Colleges shall be prepared and
 5680  maintained as prescribed by law and rules of the State Board of
 5681  Community Colleges.
 5682         (2) Rules of the State Board of Education, and rules of the
 5683  Board of Governors, and the State Board of Community Colleges
 5684  shall incorporate the requirements of law and accounting
 5685  principles generally accepted in the United States. Such rules
 5686  shall include a uniform classification of accounts.
 5687         (3) Each state university shall annually file with the
 5688  Board of Governors financial statements prepared in conformity
 5689  with accounting principles generally accepted by the United
 5690  States and the uniform classification of accounts prescribed by
 5691  the Board of Governors. The Board of Governors’ rules shall
 5692  prescribe the filing deadline for the financial statements.
 5693         (4) Required financial accounts and reports shall include
 5694  provisions that are unique to each of the following: K-12 school
 5695  districts, Florida Community College System institutions, and
 5696  state universities, and shall provide for the data to be
 5697  reported to the National Center of Educational Statistics and
 5698  other governmental and professional educational data information
 5699  services as appropriate.
 5700         (5) Each Florida Community College System institution shall
 5701  annually file with the State Board of Community Colleges
 5702  financial statements prepared in conformity with accounting
 5703  principles generally accepted by the United States and the
 5704  uniform classification of accounts prescribed by the State Board
 5705  of Community Colleges. The State Board of Community Colleges’
 5706  rules shall prescribe the filing deadline for the financial
 5707  statements.
 5708         Section 86. Subsection (1) of section 1010.02, Florida
 5709  Statutes, is amended, and subsection (3) is added to that
 5710  section, to read:
 5711         1010.02 Financial accounting and expenditures.—
 5712         (1) All funds accruing to a school district or a Florida
 5713  College System institution must be received, accounted for, and
 5714  expended in accordance with law and rules of the State Board of
 5715  Education.
 5716         (3) All funds accruing to a Florida Community College
 5717  System institution must be received, accounted for, and expended
 5718  in accordance with law and rules of the State Board of Community
 5719  Colleges.
 5720         Section 87. Section 1010.04, Florida Statutes, is amended
 5721  to read:
 5722         1010.04 Purchasing.—
 5723         (1)(a) Purchases and leases by school districts must and
 5724  Florida College System institutions shall comply with the
 5725  requirements of law and rules of the State Board of Education.
 5726         (b) Before purchasing nonacademic commodities and
 5727  contractual services, each district school board and Florida
 5728  Community College System institution board of trustees shall
 5729  review the purchasing agreements and state term contracts
 5730  available under s. 287.056 to determine whether it is in the
 5731  school board’s or the board of trustees’ economic advantage to
 5732  use the agreements and contracts. Each bid specification for
 5733  nonacademic commodities and contractual services must include a
 5734  statement indicating that the purchasing agreements and state
 5735  term contracts available under s. 287.056 have been reviewed.
 5736  Each district school board may also use the cooperative state
 5737  purchasing programs managed through the regional consortium
 5738  service organizations pursuant to their authority under s.
 5739  1001.451(3). This paragraph does not apply to services that are
 5740  eligible for reimbursement under the federal E-rate program
 5741  administered by the Universal Service Administrative Company.
 5742         (c) Purchases and leases by state universities must shall
 5743  comply with the requirements of law and regulations of the Board
 5744  of Governors.
 5745         (d) Purchases and leases by Florida Community College
 5746  System institutions must comply with the requirements of law and
 5747  rules of the State Board of Community Colleges.
 5748         (2) Each district school board and Florida Community
 5749  College System institution board of trustees shall adopt rules,
 5750  and each university board of trustees shall adopt regulations,
 5751  to be followed in making purchases. Purchases may be made
 5752  through an online procurement system, an electronic auction
 5753  service, or other efficient procurement tool.
 5754         (3) In districts in which the county purchasing agent is
 5755  authorized by law to make purchases for the benefit of other
 5756  governmental agencies within the county, the district school
 5757  board and Florida Community College System institution board of
 5758  trustees shall have the option to purchase from the current
 5759  county contracts at the unit price stated therein if such
 5760  purchase is to the economic advantage of the district school
 5761  board or the Florida Community College System institution board
 5762  of trustees; subject to confirmation of the items of purchase to
 5763  the standards and specifications prescribed by the school
 5764  district or Florida Community College System institution.
 5765         (4)(a) The State Board of Education may, by rule, provide
 5766  for alternative procedures for school districts and Florida
 5767  College System institutions for bidding or purchasing in cases
 5768  in which the character of the item requested renders competitive
 5769  bidding impractical.
 5770         (b) The Board of Governors may, by regulation, provide for
 5771  alternative procedures for state universities for bidding or
 5772  purchasing in cases in which the character of the item requested
 5773  renders competitive bidding impractical.
 5774         (c) The State Board of Community Colleges may, by rule,
 5775  provide for alternative procedures for Florida Community College
 5776  System institutions for bidding or purchasing in cases in which
 5777  the character of the item requested renders competitive bidding
 5778  impractical.
 5779         Section 88. Section 1010.07, Florida Statutes, is amended
 5780  to read:
 5781         1010.07 Bonds or insurance required.—
 5782         (1) Each district school board, Florida Community College
 5783  System institution board of trustees, and university board of
 5784  trustees shall ensure that each official and employee
 5785  responsible for handling, expending, or authorizing the
 5786  expenditure of funds shall be appropriately bonded or insured to
 5787  protect the board and the funds involved.
 5788         (2)(a) Contractors paid from school district or Florida
 5789  College System institution funds shall give bond for the
 5790  faithful performance of their contracts in such amount and for
 5791  such purposes as prescribed by s. 255.05 or by rules of the
 5792  State Board of Education relating to the type of contract
 5793  involved. It shall be the duty of the district school board or
 5794  Florida College System institution board of trustees to require
 5795  from construction contractors a bond adequate to protect the
 5796  board and the board’s funds involved.
 5797         (b) Contractors paid from university funds shall give bond
 5798  for the faithful performance of their contracts in such amount
 5799  and for such purposes as prescribed by s. 255.05 or by
 5800  regulations of the Board of Governors relating to the type of
 5801  contract involved. It shall be the duty of the university board
 5802  of trustees to require from construction contractors a bond
 5803  adequate to protect the board and the board’s funds involved.
 5804         (c)Contractors paid from Florida Community College System
 5805  institution funds shall give bonds for the faithful performance
 5806  of their contracts in such amount and for such purposes as
 5807  prescribed by s. 255.05 or by rules of the State Board of
 5808  Community Colleges relating to the type of contract involved. It
 5809  is the duty of the Florida Community College System institution
 5810  board of trustees to require construction contractors to provide
 5811  a bond adequate to protect the board and the board’s funds
 5812  involved.
 5813         Section 89. Section 1010.08, Florida Statutes, is amended
 5814  to read:
 5815         1010.08 Promotion and public relations; funding.—
 5816         (1) Each district school board and Florida College System
 5817  institution board of trustees may budget and use a portion of
 5818  the funds accruing to it from auxiliary enterprises and
 5819  undesignated gifts for promotion and public relations as
 5820  prescribed by rules of the State Board of Education. Such funds
 5821  may be used to provide hospitality to business guests in the
 5822  district or elsewhere. However, such hospitality expenses may
 5823  not exceed the amount authorized for such contingency funds as
 5824  prescribed by rules of the State Board of Education.
 5825         (2) Each Florida Community College System institution board
 5826  of trustees may budget and use a portion of the funds accruing
 5827  to it from auxiliary enterprises and undesignated gifts for
 5828  promotion and public relations as prescribed by rules of the
 5829  State Board of Community Colleges. Such funds may be used to
 5830  provide hospitality to business guests in the district or
 5831  elsewhere. However, such hospitality expenses may not exceed the
 5832  amount authorized for such contingency funds as prescribed by
 5833  rules of the State Board of Community Colleges.
 5834         Section 90. Subsection (1) of section 1010.09, Florida
 5835  Statutes, is amended and subsection (3) is added to that
 5836  section, to read:
 5837         1010.09 Direct-support organizations.—
 5838         (1) School district and Florida College System institution
 5839  direct-support organizations shall be organized and conducted
 5840  under the provisions of ss. 1001.453 and 1004.70 and rules of
 5841  the State Board of Education, as applicable.
 5842         (3) Florida Community College System institution direct
 5843  support organizations shall be organized and conducted under the
 5844  provisions of s. 1004.70 and rules of the State Board of
 5845  Community Colleges.
 5846         Section 91. Section 1010.22, Florida Statutes, is amended
 5847  to read:
 5848         1010.22 Cost accounting and reporting for workforce
 5849  education.—
 5850         (1)(a) Each school district and each Florida College System
 5851  institution shall account for expenditures of all state, local,
 5852  federal, and other funds in the manner prescribed by the State
 5853  Board of Education.
 5854         (b) Each Florida Community College System institution shall
 5855  account for expenditures of all state, local, federal, and other
 5856  funds in the manner prescribed by the State Board of Community
 5857  Colleges.
 5858         (2)(a) Each school district and each Florida College System
 5859  institution shall report expenditures for workforce education in
 5860  accordance with requirements prescribed by the State Board of
 5861  Education.
 5862         (b)Each Florida Community College System institution shall
 5863  report expenditures for workforce education in accordance with
 5864  requirements prescribed by the State Board of Community
 5865  Colleges.
 5866         (3) The Department of Education, in cooperation with school
 5867  districts and Florida Community College System institutions,
 5868  shall develop and maintain a database of valid comparable
 5869  information on workforce education which will meet both state
 5870  and local needs.
 5871         Section 92. Subsection (1) of section 1010.30, Florida
 5872  Statutes, is amended to read:
 5873         1010.30 Audits required.—
 5874         (1) School districts, Florida College System institutions,
 5875  and other institutions and agencies under the supervision of the
 5876  State Board of Education, Florida Community College System
 5877  institutions under the supervision of the State Board of
 5878  Community Colleges, and state universities under the supervision
 5879  of the Board of Governors are subject to the audit provisions of
 5880  ss. 11.45 and 218.39.
 5881         Section 93. Section 1010.58, Florida Statutes, is amended
 5882  to read:
 5883         1010.58 Procedure for determining number of instruction
 5884  units for Florida Community College System institutions.—The
 5885  number of instruction units for Florida Community College System
 5886  institutions shall be determined from the full-time equivalent
 5887  students in the Florida Community College System institution,
 5888  provided that full-time equivalent students may not be counted
 5889  more than once in determining instruction units. Instruction
 5890  units for Florida Community College System institutions shall be
 5891  computed as follows:
 5892         (1) One unit for each 12 full-time equivalent students at a
 5893  Florida Community College System institution for the first 420
 5894  students and one unit for each 15 full-time equivalent students
 5895  for all over 420 students, in other than career education
 5896  programs as defined by rules of the State Board of Community
 5897  Colleges Education, and one unit for each 10 full-time
 5898  equivalent students in career education programs and
 5899  compensatory education programs as defined by rules of the State
 5900  Board of Community Colleges Education. Full-time equivalent
 5901  students enrolled in a Florida Community College System
 5902  institution shall be defined by rules of the State Board of
 5903  Community Colleges Education.
 5904         (2) For each 8 instruction units in a Florida Community
 5905  College System institution, 1 instruction unit or proportionate
 5906  fraction of a unit shall be allowed for administrative and
 5907  special instructional services, and for each 20 instruction
 5908  units, 1 instruction unit or proportionate fraction of a unit
 5909  shall be allowed for student personnel services.
 5910         Section 94. Section 1011.01, Florida Statutes, is amended
 5911  to read:
 5912         1011.01 Budget system established.—
 5913         (1) The State Board of Education shall prepare and submit a
 5914  coordinated K-20 education annual legislative budget request to
 5915  the Governor and the Legislature on or before the date provided
 5916  by the Governor and the Legislature. The board’s legislative
 5917  budget request must clearly define the needs of school
 5918  districts, Florida Community College System institutions,
 5919  universities, other institutions, organizations, programs, and
 5920  activities under the supervision of the board and that are
 5921  assigned by law or the General Appropriations Act to the
 5922  Department of Education.
 5923         (2)(a) There is shall be established in each school
 5924  district and Florida College System institution a budget system
 5925  as prescribed by law and rules of the State Board of Education.
 5926         (b) There is shall be established in each state university
 5927  a budget system as prescribed by law and rules of the Board of
 5928  Governors.
 5929         (c) There is established in each Florida Community College
 5930  System institution a budget system as prescribed by law and
 5931  rules of the State Board of Community Colleges.
 5932         (3)(a) Each district school board and each Florida College
 5933  System institution board of trustees shall prepare, adopt, and
 5934  submit to the Commissioner of Education an annual operating
 5935  budget. Operating budgets must shall be prepared and submitted
 5936  in accordance with the provisions of law, rules of the State
 5937  Board of Education, the General Appropriations Act, and for
 5938  district school boards in accordance with the provisions of ss.
 5939  200.065 and 1011.64.
 5940         (b) Each state university board of trustees shall prepare,
 5941  adopt, and submit to the Chancellor of the State University
 5942  System for review an annual operating budget in accordance with
 5943  provisions of law, rules of the Board of Governors, and the
 5944  General Appropriations Act.
 5945         (c) Each Florida Community College System institution board
 5946  of trustees shall prepare, adopt, and submit to the State Board
 5947  of Community Colleges an annual operating budget in accordance
 5948  with provisions of law, rules of the State Board of Community
 5949  Colleges, and the General Appropriations Act.
 5950         (4) The State Board of Education shall coordinate with the
 5951  Board of Governors and the State Board of Community Colleges to
 5952  facilitate the budget system requirements of this section. The
 5953  State Board of Community College exclusively retains the review
 5954  and approval powers of this section for Florida Community
 5955  College System institutions. The Board of Governors exclusively
 5956  retains the review and approval powers of this section for state
 5957  universities.
 5958         Section 95. Section 1011.011, Florida Statutes, is amended
 5959  to read:
 5960         1011.011 Legislative capital outlay budget request.—The
 5961  State Board of Education shall submit an integrated,
 5962  comprehensive budget request for educational facilities
 5963  construction and fixed capital outlay needs for school
 5964  districts, and, in conjunction with the State Board of Community
 5965  Colleges for Florida Community College System institutions, and,
 5966  in conjunction with the Board of Governors for state,
 5967  universities, pursuant to this section and s. 1013.46 and
 5968  applicable provisions of chapter 216.
 5969         Section 96. Section 1011.30, Florida Statutes, is amended
 5970  to read:
 5971         1011.30 Budgets for Florida Community College System
 5972  institutions.—Each Florida Community College System institution
 5973  president shall recommend to the Florida Community College
 5974  System institution board of trustees a budget of income and
 5975  expenditures at such time and in such form as the State Board of
 5976  Community Colleges Education may prescribe. Upon approval of a
 5977  budget by the Florida Community College System institution board
 5978  of trustees, such budget must shall be transmitted to the State
 5979  Board of Community Colleges Department of Education for review.
 5980  Rules of the State Board of Community Colleges must Education
 5981  shall prescribe procedures for effecting budget amendments
 5982  subsequent to the final approval of a budget for a given year.
 5983         Section 97. Section 1011.32, Florida Statutes, is amended
 5984  to read:
 5985         1011.32 Florida Community College System Institution
 5986  Facility Enhancement Challenge Grant Program.—
 5987         (1) The Legislature recognizes that the Florida Community
 5988  College System institutions do not have sufficient physical
 5989  facilities to meet the current demands of their instructional
 5990  and community programs. It further recognizes that, to
 5991  strengthen and enhance Florida Community College System
 5992  institutions, it is necessary to provide facilities in addition
 5993  to those currently available from existing revenue sources. It
 5994  further recognizes that there are sources of private support
 5995  that, if matched with state support, can assist in constructing
 5996  much needed facilities and strengthen the commitment of citizens
 5997  and organizations in promoting excellence at each Florida
 5998  Community College System institution. Therefore, it is the
 5999  intent of the Legislature to establish a program to provide the
 6000  opportunity for each Florida Community College System
 6001  institution through its direct-support organization to receive
 6002  and match challenge grants for instructional and community
 6003  related capital facilities within the Florida Community College
 6004  System institution.
 6005         (2) There is established the Florida Community College
 6006  System Institution Facility Enhancement Challenge Grant Program
 6007  for the purpose of assisting the Florida Community College
 6008  System institutions in building high priority instructional and
 6009  community-related capital facilities consistent with s. 1004.65,
 6010  including common areas connecting such facilities. The direct
 6011  support organizations that serve the Florida Community College
 6012  System institutions shall solicit gifts from private sources to
 6013  provide matching funds for capital facilities. For the purposes
 6014  of this section, private sources of funds shall not include any
 6015  federal or state government funds that a Florida Community
 6016  College System institution may receive.
 6017         (3) The Florida Community College System Institution
 6018  Capital Facilities Matching Program shall provide funds to match
 6019  private contributions for the development of high priority
 6020  instructional and community-related capital facilities,
 6021  including common areas connecting such facilities, within the
 6022  Florida Community College System institutions.
 6023         (4) Within the direct-support organization of each Florida
 6024  Community College System institution there must be established a
 6025  separate capital facilities matching account for the purpose of
 6026  providing matching funds from the direct-support organization’s
 6027  unrestricted donations or other private contributions for the
 6028  development of high priority instructional and community-related
 6029  capital facilities, including common areas connecting such
 6030  facilities. The Legislature shall appropriate funds for
 6031  distribution to a Florida Community College System institution
 6032  after matching funds are certified by the direct-support
 6033  organization and Florida Community College System institution.
 6034  The Public Education Capital Outlay and Debt Service Trust Fund
 6035  shall not be used as the source of the state match for private
 6036  contributions.
 6037         (5) A project may not be initiated unless all private funds
 6038  for planning, construction, and equipping the facility have been
 6039  received and deposited in the direct-support organization’s
 6040  matching account for this purpose. However, this requirement
 6041  does not preclude the Florida Community College System
 6042  institution or direct-support organization from expending
 6043  available funds from private sources to develop a prospectus,
 6044  including preliminary architectural schematics or models, for
 6045  use in its efforts to raise private funds for a facility and for
 6046  site preparation, planning, and construction. The Legislature
 6047  may appropriate the state’s matching funds in one or more fiscal
 6048  years for the planning, construction, and equipping of an
 6049  eligible facility. Each Florida Community College System
 6050  institution shall notify all donors of private funds of a
 6051  substantial delay in the availability of state matching funds
 6052  for this program.
 6053         (6) To be eligible to participate in the Florida Community
 6054  College System Institution Facility Enhancement Challenge Grant
 6055  Program, a Florida Community College System institution, through
 6056  its direct-support organization, shall raise a contribution
 6057  equal to one-half of the total cost of a facilities construction
 6058  project from private sources which shall be matched by a state
 6059  appropriation equal to the amount raised for a facilities
 6060  construction project, subject to the General Appropriations Act.
 6061         (7) If the state’s share of the required match is
 6062  insufficient to meet the requirements of subsection (6), the
 6063  Florida Community College System institution shall renegotiate
 6064  the terms of the contribution with the donors. If the project is
 6065  terminated, each private donation, plus accrued interest,
 6066  reverts to the direct-support organization for remittance to the
 6067  donor.
 6068         (8) By October 15 of each year, the State Board of
 6069  Community Colleges Education shall transmit to the Governor and
 6070  the Legislature a list of projects that meet all eligibility
 6071  requirements to participate in the Florida Community College
 6072  System Institution Facility Enhancement Challenge Grant Program
 6073  and a budget request that includes the recommended schedule
 6074  necessary to complete each project.
 6075         (9) In order for a project to be eligible under this
 6076  program, it must be survey recommended under the provisions of
 6077  s. 1013.31 and included in the Florida Community College System
 6078  institution’s 5-year capital improvement plan, and it must
 6079  receive approval from the State Board of Community Colleges
 6080  Education or the Legislature.
 6081         (10) A Florida Community College System institution project
 6082  may not be removed from the approved 3-year PECO priority list
 6083  because of its successful participation in this program until
 6084  approved by the Legislature and provided for in the General
 6085  Appropriations Act. When such a project is completed and removed
 6086  from the list, all other projects shall move up on the 3-year
 6087  PECO priority list.
 6088         (11) Any private matching funds for a project which are
 6089  unexpended after the project is completed shall revert to the
 6090  Florida Community College System institution’s direct-support
 6091  organization capital facilities matching account. The balance of
 6092  any unexpended state matching funds shall be returned to the
 6093  fund from which those funds were appropriated.
 6094         (12) The surveys, architectural plans, facility, and
 6095  equipment shall be the property of the participating Florida
 6096  Community College System institution. A facility constructed
 6097  under this section may be named in honor of a donor at the
 6098  option of the Florida Community College System institution
 6099  district board of trustees. A facility may not be named after a
 6100  living person without prior approval by the State Board of
 6101  Community Colleges Education.
 6102         (13) Effective July 1, 2011, state matching funds are
 6103  temporarily suspended for donations received for the program on
 6104  or after June 30, 2011. Existing eligible donations remain
 6105  eligible for future matching funds. The program may be restarted
 6106  after $200 million of the backlog for programs under this
 6107  section and ss. 1011.85, 1011.94, and 1013.79 have been matched.
 6108         Section 98. Subsection (2), paragraph (b) of subsection
 6109  (5), and subsections (8), (9), and (11) of section 1011.80,
 6110  Florida Statutes, are amended to read:
 6111         1011.80 Funds for operation of workforce education
 6112  programs.—
 6113         (2) Any workforce education program may be conducted by a
 6114  Florida Community College System institution or a school
 6115  district, except that college credit in an associate in applied
 6116  science or an associate in science degree may be awarded only by
 6117  a Florida Community College System institution. However, if an
 6118  associate in applied science or an associate in science degree
 6119  program contains within it an occupational completion point that
 6120  confers a certificate or an applied technology diploma, that
 6121  portion of the program may be conducted by a school district
 6122  career center. Any instruction designed to articulate to a
 6123  degree program is subject to guidelines and standards adopted by
 6124  the State Board of Community Colleges Education pursuant to s.
 6125  1007.25.
 6126         (5) State funding and student fees for workforce education
 6127  instruction shall be established as follows:
 6128         (b) For all other workforce education programs, state
 6129  funding shall equal 75 percent of the average cost of
 6130  instruction with the remaining 25 percent made up from student
 6131  fees. Fees for courses within a program shall not vary according
 6132  to the cost of the individual program, but instead shall be
 6133  based on a uniform fee calculated and set at the state level, as
 6134  adopted by the State Board of Education, for school districts
 6135  and the State Board of Community Colleges, for Florida Community
 6136  College System institutions, unless otherwise specified in the
 6137  General Appropriations Act.
 6138         (8) The State Board of Education, the State Board of
 6139  Community Colleges, and CareerSource Florida, Inc., shall
 6140  provide the Legislature with recommended formulas, criteria,
 6141  timeframes, and mechanisms for distributing performance funds.
 6142  The commissioner shall consolidate the recommendations and
 6143  develop a consensus proposal for funding. The Legislature shall
 6144  adopt a formula and distribute the performance funds to the
 6145  State Board of Community Colleges Education for Florida
 6146  Community College System institutions and to the State Board of
 6147  Education for school districts through the General
 6148  Appropriations Act. These recommendations shall be based on
 6149  formulas that would discourage low-performing or low-demand
 6150  programs and encourage through performance-funding awards:
 6151         (a) Programs that prepare people to enter high-wage
 6152  occupations identified by the Workforce Estimating Conference
 6153  created by s. 216.136 and other programs as approved by
 6154  CareerSource Florida, Inc. At a minimum, performance incentives
 6155  shall be calculated for adults who reach completion points or
 6156  complete programs that lead to specified high-wage employment
 6157  and to their placement in that employment.
 6158         (b) Programs that successfully prepare adults who are
 6159  eligible for public assistance, economically disadvantaged,
 6160  disabled, not proficient in English, or dislocated workers for
 6161  high-wage occupations. At a minimum, performance incentives
 6162  shall be calculated at an enhanced value for the completion of
 6163  adults identified in this paragraph and job placement of such
 6164  adults upon completion. In addition, adjustments may be made in
 6165  payments for job placements for areas of high unemployment.
 6166         (c) Programs that are specifically designed to be
 6167  consistent with the workforce needs of private enterprise and
 6168  regional economic development strategies, as defined in
 6169  guidelines set by CareerSource Florida, Inc. CareerSource
 6170  Florida, Inc., shall develop guidelines to identify such needs
 6171  and strategies based on localized research of private employers
 6172  and economic development practitioners.
 6173         (d) Programs identified by CareerSource Florida, Inc., as
 6174  increasing the effectiveness and cost efficiency of education.
 6175         (9) School districts shall report full-time equivalent
 6176  students by discipline category for the programs specified in
 6177  subsection (1). There shall be an annual cost analysis for the
 6178  school district workforce education programs that reports cost
 6179  by discipline category consistent with the reporting for full
 6180  time equivalent students. The annual financial reports submitted
 6181  by the school districts must accurately report on the student
 6182  fee revenues by fee type according to the programs specified in
 6183  subsection (1). The Department of Education and the State Board
 6184  of Community Colleges shall develop a plan for comparable
 6185  reporting of program, student, facility, personnel, and
 6186  financial data between the Florida Community College System
 6187  institutions and the school district workforce education
 6188  programs.
 6189         (11) The State Board of Education and the State Board of
 6190  Community Colleges may adopt rules to administer this section.
 6191         Section 99. Section 1011.801, Florida Statutes, is amended
 6192  to read:
 6193         1011.801 Workforce Development Capitalization Incentive
 6194  Grant Program.—The Legislature recognizes that the need for
 6195  school districts and Florida Community College System
 6196  institutions to be able to respond to emerging local or
 6197  statewide economic development needs is critical to the
 6198  workforce development system. The Workforce Development
 6199  Capitalization Incentive Grant Program is created to provide
 6200  grants to school districts and Florida Community College System
 6201  institutions on a competitive basis to fund some or all of the
 6202  costs associated with the creation or expansion of workforce
 6203  development programs that serve specific employment workforce
 6204  needs.
 6205         (1) Funds awarded for a workforce development
 6206  capitalization incentive grant may be used for instructional
 6207  equipment, laboratory equipment, supplies, personnel, student
 6208  services, or other expenses associated with the creation or
 6209  expansion of a workforce development program. Expansion of a
 6210  program may include either the expansion of enrollments in a
 6211  program or expansion into new areas of specialization within a
 6212  program. No grant funds may be used for recurring instructional
 6213  costs or for institutions’ indirect costs.
 6214         (2) The State Board of Education shall accept applications
 6215  from school districts, and the State Board of Community Colleges
 6216  shall accept applications from or Florida Community College
 6217  System institutions, for workforce development capitalization
 6218  incentive grants. Applications from school districts or Florida
 6219  Community College System institutions must shall contain
 6220  projected enrollments and projected costs for the new or
 6221  expanded workforce development program. The State Board of
 6222  Education or the State Board of Community Colleges, as
 6223  appropriate, in consultation with CareerSource Florida, Inc.,
 6224  shall review and rank each application for a grant according to
 6225  subsection (3) and shall submit to the Legislature a list in
 6226  priority order of applications recommended for a grant award.
 6227         (3) The State Board of Education or the State Board of
 6228  Community Colleges, as appropriate, shall give highest priority
 6229  to programs that train people to enter high-skill, high-wage
 6230  occupations identified by the Workforce Estimating Conference
 6231  and other programs approved by CareerSource Florida, Inc.;
 6232  programs that train people to enter occupations under the
 6233  welfare transition program; or programs that train for the
 6234  workforce adults who are eligible for public assistance,
 6235  economically disadvantaged, disabled, not proficient in English,
 6236  or dislocated workers. The State Board of Education or the State
 6237  Board of Community Colleges, as appropriate, shall consider the
 6238  statewide geographic dispersion of grant funds in ranking the
 6239  applications and shall give priority to applications from
 6240  education agencies that are making maximum use of their
 6241  workforce development funding by offering high-performing, high
 6242  demand programs.
 6243         Section 100. Section 1011.81, Florida Statutes, is amended
 6244  to read:
 6245         1011.81 Florida Community College System Program Fund.—
 6246         (1) There is established a Florida Community College System
 6247  Program Fund. This fund shall comprise all appropriations made
 6248  by the Legislature for the support of the current operating
 6249  program and shall be apportioned and distributed to the Florida
 6250  Community College System institution districts of the state on
 6251  the basis of procedures established by law and rules of the
 6252  State Board of Education. The annual apportionment for each
 6253  Florida Community College System institution district shall be
 6254  distributed monthly in payments as nearly equal as possible.
 6255         (2) Performance funding for industry certifications for
 6256  Florida Community College System institutions is contingent upon
 6257  specific appropriation in the General Appropriations Act and
 6258  shall be determined as follows:
 6259         (a) Occupational areas for which industry certifications
 6260  may be earned, as established in the General Appropriations Act,
 6261  are eligible for performance funding. Priority shall be given to
 6262  the occupational areas emphasized in state, national, or
 6263  corporate grants provided to Florida educational institutions.
 6264         (b) The Chancellor of the Florida Community College System,
 6265  for the Florida Community College System institutions, shall
 6266  identify the industry certifications eligible for funding on the
 6267  CAPE Postsecondary Industry Certification Funding List approved
 6268  by the State Board of Community Colleges Education pursuant to
 6269  s. 1008.44, based on the occupational areas specified in the
 6270  General Appropriations Act.
 6271         (c) Each Florida Community College System institution shall
 6272  be provided $1,000 for each industry certification earned by a
 6273  student. The maximum amount of funding appropriated for
 6274  performance funding pursuant to this subsection shall be limited
 6275  to $15 million annually. If funds are insufficient to fully fund
 6276  the calculated total award, such funds shall be prorated.
 6277         (3) None of the funds made available in the Florida
 6278  Community College System Program Fund, or funds made available
 6279  to Florida Community College System institutions outside the
 6280  Florida Community College System Program Fund, may be used to
 6281  implement, organize, direct, coordinate, or administer, or to
 6282  support the implementation, organization, direction,
 6283  coordination, or administration of, activities related to, or
 6284  involving, travel to a terrorist state. For purposes of this
 6285  section, “terrorist state” is defined as any state, country, or
 6286  nation designated by the United States Department of State as a
 6287  state sponsor of terrorism.
 6288         (4) State funds provided for the Florida Community College
 6289  System Program Fund may not be expended for the education of
 6290  state or federal inmates.
 6291         Section 101. Section 1011.82, Florida Statutes, is amended
 6292  to read:
 6293         1011.82 Requirements for participation in Florida Community
 6294  College System Program Fund.—Each Florida Community College
 6295  System institution district which participates in the state
 6296  appropriations for the Florida Community College System Program
 6297  Fund shall provide evidence of its effort to maintain an
 6298  adequate Florida Community College System institution program
 6299  which shall:
 6300         (1) Meet the minimum standards prescribed by the State
 6301  Board of Community Colleges Education in accordance with s.
 6302  1001.602(5) s. 1001.02(6).
 6303         (2) Effectively fulfill the mission of the Florida
 6304  Community College System institutions in accordance with s.
 6305  1004.65.
 6306         Section 102. Section 1011.83, Florida Statutes, is amended
 6307  to read:
 6308         1011.83 Financial support of Florida Community College
 6309  System institutions.—
 6310         (1) Each Florida Community College System institution that
 6311  has been approved by the Department of Education and meets the
 6312  requirements of law and rules of the State Board of Community
 6313  Colleges Education shall participate in the Florida Community
 6314  College System Program Fund. However, funds to support workforce
 6315  education programs conducted by Florida Community College System
 6316  institutions shall be provided pursuant to s. 1011.80.
 6317         (2) A student in a baccalaureate degree program approved
 6318  pursuant to s. 1007.33 who is not classified as a resident for
 6319  tuition purposes pursuant to s. 1009.21 may not be included in
 6320  calculations of full-time equivalent enrollments for state
 6321  funding purposes.
 6322         Section 103. Section 1011.84, Florida Statutes, is amended
 6323  to read:
 6324         1011.84 Procedure for determining state financial support
 6325  and annual apportionment of state funds to each Florida
 6326  Community College System institution district.—The procedure for
 6327  determining state financial support and the annual apportionment
 6328  to each Florida Community College System institution district
 6329  authorized to operate a Florida Community College System
 6330  institution under the provisions of s. 1001.61 shall be as
 6331  follows:
 6332         (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
 6333  COMMUNITY COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING
 6334  PROGRAM.—
 6335         (a) The State Board of Community Colleges Department of
 6336  Education shall determine annually, from an analysis of
 6337  operating costs, prepared in the manner prescribed by rules of
 6338  the State Board of Education, the costs per full-time equivalent
 6339  student served in courses and fields of study offered in Florida
 6340  Community College System institutions. This information and
 6341  current college operating budgets shall be submitted to the
 6342  Executive Office of the Governor with the legislative budget
 6343  request prior to each regular session of the Legislature.
 6344         (b) The allocation of funds for Florida Community College
 6345  System institutions must shall be based on advanced and
 6346  professional disciplines, developmental education, and other
 6347  programs for adults funded pursuant to s. 1011.80.
 6348         (c) The category of lifelong learning is for students
 6349  enrolled pursuant to s. 1004.93. A student shall also be
 6350  reported as a lifelong learning student for his or her
 6351  enrollment in any course that he or she has previously taken,
 6352  unless it is a credit course in which the student earned a grade
 6353  of D or F.
 6354         (d) If an adult student has been determined to be a
 6355  disabled student eligible for an approved educational program
 6356  for disabled adults provided pursuant to s. 1004.93 and rules of
 6357  the State Board of Community Colleges Education and is enrolled
 6358  in a class with curriculum frameworks developed for the program,
 6359  state funding for that student shall be provided at a level
 6360  double that of a student enrolled in a special adult general
 6361  education program provided by a Florida Community College System
 6362  institution.
 6363         (e) All state inmate education provided by Florida
 6364  Community College System institutions shall be reported by
 6365  program, FTE expenditure, and revenue source. These enrollments,
 6366  expenditures, and revenues shall be reported and projected
 6367  separately. Instruction of state inmates may shall not be
 6368  included in the full-time equivalent student enrollment for
 6369  funding through the Florida Community College System Program
 6370  Fund.
 6371         (f) When a public educational institution has been fully
 6372  funded by an external agency for direct instructional costs of
 6373  any course or program, the FTE generated may shall not be
 6374  reported for state funding.
 6375         (g) The State Board of Education shall adopt rules to
 6376  implement s. 9(d)(8)f., Art. XII of the State Constitution.
 6377  These rules shall provide for the use of the funds available
 6378  under s. 9(d)(8)f., Art. XII by an individual Florida Community
 6379  College System institution for operating expense in any fiscal
 6380  year during which the State Board of Education has determined
 6381  that all major capital outlay needs have been met. Highest
 6382  priority for the use of these funds for purposes other than
 6383  financing approved capital outlay projects shall be for the
 6384  proper maintenance and repair of existing facilities for
 6385  projects approved by the State Board of Education. However, in
 6386  any fiscal year in which funds from this source are authorized
 6387  for operating expense other than approved maintenance and repair
 6388  projects, the allocation of Florida Community College System
 6389  institution program funds shall be reduced by an amount equal to
 6390  the sum used for such operating expense for that Florida
 6391  Community College System institution that year, and that amount
 6392  shall not be released or allocated among the other Florida
 6393  Community College System institutions that year.
 6394         (2) DETERMINING THE AMOUNT TO BE INCLUDED FOR CAPITAL
 6395  OUTLAY AND DEBT SERVICE.—The amount included for capital outlay
 6396  and debt service shall be as determined and provided in s. 18,
 6397  Art. XII of the State Constitution of 1885, as adopted by s.
 6398  9(d), Art. XII of the 1968 revised State Constitution and State
 6399  Board of Education rules.
 6400         (3) DETERMINING THE APPORTIONMENT FROM STATE FUNDS.—
 6401         (a) By December 15 of each year, the State Board of
 6402  Community Colleges Department of Education shall estimate the
 6403  annual enrollment of each Florida Community College System
 6404  institution for the current fiscal year and for the 3 subsequent
 6405  fiscal years. These estimates shall be based upon prior years’
 6406  enrollments, upon the initial fall term enrollments for the
 6407  current fiscal year for each college, and upon each college’s
 6408  estimated current enrollment and demographic changes in the
 6409  respective Florida Community College System institution
 6410  districts. Upper-division enrollment shall be estimated
 6411  separately from lower-division enrollment.
 6412         (b) The apportionment to each Florida Community College
 6413  System institution from the Florida Community College System
 6414  Program Fund shall be determined annually in the General
 6415  Appropriations Act. In determining each college’s apportionment,
 6416  the Legislature shall consider the following components:
 6417         1. Base budget, which includes the state appropriation to
 6418  the Florida Community College System Program Fund in the current
 6419  year plus the related student tuition and out-of-state fees
 6420  assigned in the current General Appropriations Act.
 6421         2. The cost-to-continue allocation, which consists of
 6422  incremental changes to the base budget, including salaries,
 6423  price levels, and other related costs allocated through a
 6424  funding model approved by the Legislature which may recognize
 6425  differing economic factors arising from the individual
 6426  educational approaches of the various Florida Community College
 6427  System institutions, including, but not limited to:
 6428         a. Direct Instructional Funding, including class size,
 6429  faculty productivity factors, average faculty salary, ratio of
 6430  full-time to part-time faculty, costs of programs, and
 6431  enrollment factors.
 6432         b. Academic Support, including small colleges factor,
 6433  multicampus factor, and enrollment factor.
 6434         c. Student Services Support, including headcount of
 6435  students as well as FTE count and enrollment factors.
 6436         d. Library Support, including volume and other
 6437  materials/audiovisual requirements.
 6438         e. Special Projects.
 6439         f. Operations and Maintenance of Plant, including square
 6440  footage and utilization factors.
 6441         g. District Cost Differential.
 6442         3. Students enrolled in a recreation and leisure program
 6443  and students enrolled in a lifelong learning program who may not
 6444  be counted as full-time equivalent enrollments for purposes of
 6445  enrollment workload adjustments.
 6446         4. Operating costs of new facilities adjustments, which
 6447  shall be provided, from funds available, for each new facility
 6448  that is owned by the college and is recommended in accordance
 6449  with s. 1013.31.
 6450         5. New and improved program enhancements, which shall be
 6451  determined by the Legislature.
 6452  
 6453  Student fees in the base budget plus student fee revenues
 6454  generated by increases in fee rates shall be deducted from the
 6455  sum of the components determined in subparagraphs 1.-5. The
 6456  amount remaining shall be the net annual state apportionment to
 6457  each college.
 6458         (c) A No Florida Community College System institution may
 6459  not shall commit funds for the employment of personnel or
 6460  resources in excess of those required to continue the same level
 6461  of support for either the previously approved enrollment or the
 6462  revised enrollment, whichever is lower.
 6463         (d) The apportionment to each Florida Community College
 6464  System institution district for capital outlay and debt service
 6465  shall be the amount determined in accordance with subsection
 6466  (2). This amount, less any amount determined as necessary for
 6467  administrative expense by the State Board of Education and any
 6468  amount necessary for debt service on bonds issued by the State
 6469  Board of Education, shall be transmitted to the Florida
 6470  Community College System institution board of trustees to be
 6471  expended in a manner prescribed by rules of the State Board of
 6472  Education.
 6473         (e) If at any time the unencumbered balance in the general
 6474  fund of the Florida Community College System institution board
 6475  of trustees approved operating budget goes below 5 percent, the
 6476  president shall provide written notification to the State Board
 6477  of Education.
 6478         (f) Expenditures for apprenticeship programs must shall be
 6479  reported separately.
 6480         (g) Expenditures for upper-division enrollment in a Florida
 6481  Community College System institution that grants baccalaureate
 6482  degrees must shall be reported separately from expenditures for
 6483  lower-division enrollment, in accordance with law and State
 6484  Board of Education rule.
 6485         (4) EXPENDITURE OF ALLOCATED FUNDS.—Any funds allocated
 6486  herein to any Florida Community College System institution must
 6487  shall be expended only for the purpose of supporting that
 6488  Florida Community College System institution.
 6489         (5) REPORT OF DEVELOPMENTAL EDUCATION.—Each Florida
 6490  Community College System institution board of trustees shall
 6491  report, as a separate item in its annual cost accounting system,
 6492  the volume and cost of developmental education options provided
 6493  to help students attain the communication and computation skills
 6494  that are essential for college-level work pursuant to s.
 6495  1008.30.
 6496         Section 104. Section 1011.85, Florida Statutes, is amended
 6497  to read:
 6498         1011.85 Dr. Philip Benjamin Matching Grant Program for
 6499  Florida Community College System Institutions.—
 6500         (1) There is created the Dr. Philip Benjamin Matching Grant
 6501  Program for Florida Community College System Institutions as a
 6502  single matching gifts program that encompasses the goals
 6503  originally set out in the Academic Improvement Program, the
 6504  Scholarship Matching Program, and the Health Care Education
 6505  Quality Enhancement Challenge Grant. The program shall be
 6506  administered according to rules of the State Board of Community
 6507  Colleges Education and used to encourage private support in
 6508  enhancing Florida Community College System institutions by
 6509  providing the Florida Community College System with the
 6510  opportunity to receive and match challenge grants. Funds
 6511  received prior to the effective date of this act for each of the
 6512  three programs shall be retained in the separate account for
 6513  which it was designated.
 6514         (2) Each Florida Community College System institution board
 6515  of trustees receiving state appropriations under this program
 6516  shall approve each gift to ensure alignment with the unique
 6517  mission of the Florida Community College System institution. The
 6518  board of trustees must link all requests for a state match to
 6519  the goals and mission statement. The Florida Community College
 6520  System Institution Foundation Board receiving state
 6521  appropriations under this program shall approve each gift to
 6522  ensure alignment with its goals and mission statement. Funds
 6523  received from community events and festivals are not eligible
 6524  for state matching funds under this program.
 6525         (3) Upon approval by the Florida Community College System
 6526  institution board of trustees and the State Board of Community
 6527  Colleges Education, the ordering of donations for priority
 6528  listing of unmatched gifts should be determined by the
 6529  submitting Florida Community College System institution.
 6530         (4) Each year, eligible contributions received by a Florida
 6531  Community College System institution’s foundation or the State
 6532  Board of Community Colleges Education by February 1 shall be
 6533  eligible for state matching funds.
 6534         (a) Each Florida Community College System institution board
 6535  of trustees and, when applicable, the Florida Community College
 6536  System Institution Foundation Board, receiving state
 6537  appropriations under this program shall also certify in an
 6538  annual report to the State Board of Community Colleges Education
 6539  the receipt of eligible cash contributions that were previously
 6540  unmatched by the state. The State Board of Education shall adopt
 6541  rules providing all Florida Community College System
 6542  institutions with an opportunity to apply for excess funds
 6543  before the awarding of such funds.
 6544         (b) Florida Community College System institutions must
 6545  submit to the State Board of Community Colleges Education an
 6546  annual expenditure report tracking the use of all matching
 6547  funds.
 6548         (c) The audit of each foundation receiving state funds from
 6549  this program must include a certification of accuracy in the
 6550  amount reported for matching funds.
 6551         (5) The matching ratio for donations that are specifically
 6552  designated to support scholarships, including scholarships for
 6553  first-generation-in-college students, student loans, or need
 6554  based grants shall be $1 of state funds to $1 of local private
 6555  funds.
 6556         (6) Otherwise, funds must shall be proportionately
 6557  allocated to the Florida Community College System institutions
 6558  on the basis of matching each $6 of local or private funds with
 6559  $4 of state funds. To be eligible, a minimum of $4,500 must be
 6560  raised from private sources.
 6561         (7) The Florida Community College System institution board
 6562  of trustees, in conjunction with the donor, shall determine make
 6563  the determination of whether scholarships established pursuant
 6564  to this program are endowed.
 6565         (8)(a) Funds sufficient to provide the match shall be
 6566  transferred from the state appropriations to the local Florida
 6567  Community College System institution foundation or the statewide
 6568  Florida Community College System institution foundation upon
 6569  notification that a proportionate amount has been received and
 6570  deposited by a Florida Community College System institution in
 6571  its own trust fund.
 6572         (b) If state funds appropriated for the program are
 6573  insufficient to match contributions, the amount allocated must
 6574  shall be reduced in proportion to its share of the total
 6575  eligible contributions. However, in making proportional
 6576  reductions, every Florida Community College System institution
 6577  shall receive a minimum of $75,000 in state matching funds if
 6578  its eligible contributions would have generated an amount at
 6579  least equal to $75,000. All unmet contributions must shall be
 6580  eligible for state matching funds in subsequent fiscal years.
 6581         (9) Each Florida Community College System institution
 6582  entity shall establish its own matching grant program fund as a
 6583  depository for the private contributions and matching state
 6584  funds provided under this section. Florida Community College
 6585  System institution foundations are responsible for the
 6586  maintenance, investment, and administration of their matching
 6587  grant program funds.
 6588         (10) The State Board of Community Colleges Education may
 6589  receive submissions of requests for matching funds and
 6590  documentation relating to those requests, may approve requests
 6591  for matching funds, and may allocate such funds to the Florida
 6592  Community College System institutions.
 6593         (11) The board of trustees of the Florida Community College
 6594  System institution and the State Board of Community Colleges
 6595  Education are responsible for determining the uses for the
 6596  proceeds of their respective trust funds. Such use of the
 6597  proceeds shall include, but not be limited to, expenditure of
 6598  the funds for:
 6599         (a) Scientific and technical equipment.
 6600         (b) Scholarships, loans, or need-based grants.
 6601         (c) Other activities that will benefit future students as
 6602  well as students currently enrolled at the Florida Community
 6603  College System institution, will improve the quality of
 6604  education at the Florida Community College System institution,
 6605  or will enhance economic development in the community.
 6606         (12) Each Florida Community College System institution
 6607  shall notify all donors of private funds of a substantial delay
 6608  in the availability of state matching funds for this program.
 6609         (13) Effective July 1, 2011, state matching funds are
 6610  temporarily suspended for donations received for this program on
 6611  or after June 30, 2011. Existing eligible donations remain
 6612  eligible for future matching funds. The program may be restarted
 6613  after $200 million of the backlog for programs under this
 6614  section and ss. 1011.32, 1011.94, and 1013.79 have been matched.
 6615         Section 105. Subsection (1) of section 1012.01, Florida
 6616  Statutes, is amended to read:
 6617         1012.01 Definitions.—As used in this chapter, the following
 6618  terms have the following meanings:
 6619         (1) SCHOOL OFFICERS.—The officers of the state system of
 6620  public K-12 and Florida College System institution education
 6621  shall be the Commissioner of Education and the members of the
 6622  State Board of Education; for the Florida Community College
 6623  System, the officers shall be the Chancellor of the Florida
 6624  Community College System and the members of the State Board of
 6625  Community Colleges; for each district school system, the
 6626  officers shall be the district school superintendent and members
 6627  of the district school board; and for each Florida Community
 6628  College System institution, the officers shall be the Florida
 6629  Community College System institution president and members of
 6630  the Florida Community College System institution board of
 6631  trustees.
 6632         Section 106. Paragraph (a) of subsection (1) of section
 6633  1012.80, Florida Statutes, is amended to read:
 6634         1012.80 Participation by employees in disruptive activities
 6635  at public postsecondary educational institutions; penalties.—
 6636         (1)(a) Any person who accepts the privilege extended by the
 6637  laws of this state of employment at any Florida Community
 6638  College System institution shall, by working at such
 6639  institution, be deemed to have given his or her consent to the
 6640  policies of that institution, the policies of the State Board of
 6641  Community Colleges Education, and the laws of this state. Such
 6642  policies shall include prohibition against disruptive activities
 6643  at Florida Community College System institutions.
 6644         Section 107. Subsection (1) of section 1012.81, Florida
 6645  Statutes, is amended to read:
 6646         1012.81 Personnel records.—
 6647         (1) The State Board of Community Colleges Education shall
 6648  adopt rules prescribing the content and custody of limited
 6649  access records that a Florida Community College System
 6650  institution may maintain on its employees. Limited-access
 6651  employee records are confidential and exempt from the provisions
 6652  of s. 119.07(1). Limited-access records include only the
 6653  following:
 6654         (a) Records containing information reflecting academic
 6655  evaluations of employee performance; however, the employee and
 6656  officials of the institution responsible for supervision of the
 6657  employee shall have access to such records.
 6658         (b) Records maintained for the purposes of any
 6659  investigation of employee misconduct, including, but not limited
 6660  to, a complaint against an employee and all information obtained
 6661  pursuant to the investigation of such complaint; however, these
 6662  records become public after the investigation ceases to be
 6663  active or when the institution provides written notice to the
 6664  employee who is the subject of the complaint that the
 6665  institution has either:
 6666         1. Concluded the investigation with a finding not to
 6667  proceed with disciplinary action;
 6668         2. Concluded the investigation with a finding to proceed
 6669  with disciplinary action; or
 6670         3. Issued a letter of discipline.
 6671  
 6672  For the purpose of this paragraph, an investigation shall be
 6673  considered active as long as it is continuing with a reasonable,
 6674  good faith anticipation that a finding will be made in the
 6675  foreseeable future. An investigation shall be presumed to be
 6676  inactive if no finding is made within 90 days after the
 6677  complaint is filed.
 6678         Section 108. Subsection (1) of section 1012.83, Florida
 6679  Statutes, is amended to read:
 6680         1012.83 Contracts with administrative and instructional
 6681  staff.—
 6682         (1) Each person employed in an administrative or
 6683  instructional capacity in a Florida Community College System
 6684  institution shall be entitled to a contract as provided by rules
 6685  of the State Board of Community Colleges Education.
 6686         Section 109. Section 1012.855, Florida Statutes, is amended
 6687  to read:
 6688         1012.855 Employment of Florida Community College System
 6689  institution personnel; discrimination in granting salary
 6690  prohibited.—
 6691         (1)(a) Employment of all personnel in each Florida
 6692  Community College System institution shall be upon
 6693  recommendation of the president, subject to rejection for cause
 6694  by the Florida Community College System institution board of
 6695  trustees; to the rules of the State Board of Community Colleges
 6696  Education relative to certification, tenure, leaves of absence
 6697  of all types, including sabbaticals, remuneration, and such
 6698  other conditions of employment as the State Board of Community
 6699  Colleges Education deems necessary and proper; and to policies
 6700  of the Florida Community College System institution board of
 6701  trustees not inconsistent with law.
 6702         (b) Any internal auditor employed by a Florida Community
 6703  College System institution shall be hired by the Florida
 6704  Community College System institution board of trustees and shall
 6705  report directly to the board.
 6706         (2) Each Florida Community College System institution board
 6707  of trustees shall undertake a program to eradicate any
 6708  discrimination on the basis of gender, race, or physical
 6709  handicap in the granting of salaries to employees.
 6710         Section 110. Section 1012.86, Florida Statutes, is amended
 6711  to read:
 6712         1012.86 Florida Community College System institution
 6713  employment equity accountability program.—
 6714         (1) Each Florida Community College System institution shall
 6715  include in its annual equity update a plan for increasing the
 6716  representation of women and minorities in senior-level
 6717  administrative positions and in full-time faculty positions, and
 6718  for increasing the representation of women and minorities who
 6719  have attained continuing-contract status. Positions shall be
 6720  defined in the personnel data element directory of the
 6721  Department of Education. The plan must include specific
 6722  measurable goals and objectives, specific strategies and
 6723  timelines for accomplishing these goals and objectives, and
 6724  comparable national standards as provided by the Department of
 6725  Education. The goals and objectives shall be based on meeting or
 6726  exceeding comparable national standards and shall be reviewed
 6727  and recommended by the State Board of Community Colleges
 6728  Education as appropriate. Such plans shall be maintained until
 6729  appropriate representation has been achieved and maintained for
 6730  at least 3 consecutive reporting years.
 6731         (2)(a) On or before May 1 of each year, each Florida
 6732  Community College System institution president shall submit an
 6733  annual employment accountability plan to the Chancellor of the
 6734  Florida Community College System and the State Board of
 6735  Community Colleges Commissioner of Education and the State Board
 6736  of Education. The accountability plan must show faculty and
 6737  administrator employment data according to requirements
 6738  specified on the federal Equal Employment Opportunity (EE0-6)
 6739  report.
 6740         (b) The plan must show the following information for those
 6741  positions including, but not limited to:
 6742         1. Job classification title.
 6743         2. Gender.
 6744         3. Ethnicity.
 6745         4. Appointment status.
 6746         5. Salary information. At each Florida Community College
 6747  System institution, salary information shall also include the
 6748  salary ranges in which new hires were employed compared to the
 6749  salary ranges for employees with comparable experience and
 6750  qualifications.
 6751         6. Other comparative information including, but not limited
 6752  to, composite information regarding the total number of
 6753  positions within the particular job title classification for the
 6754  Florida Community College System institution by race, gender,
 6755  and salary range compared to the number of new hires.
 6756         7. A statement certifying diversity and balance in the
 6757  gender and ethnic composition of the selection committee for
 6758  each vacancy, including a brief description of guidelines used
 6759  for ensuring balanced and diverse membership on selection and
 6760  review committees.
 6761         (c) The annual employment accountability plan shall also
 6762  include an analysis and an assessment of the Florida Community
 6763  College System institution’s attainment of annual goals and of
 6764  long-range goals for increasing the number of women and
 6765  minorities in faculty and senior-level administrative positions,
 6766  and a corrective action plan for addressing underrepresentation.
 6767         (d) Each Florida Community College System institution’s
 6768  employment accountability plan must also include:
 6769         1. The requirements for receiving a continuing contract.
 6770         2. A brief description of the process used to grant
 6771  continuing-contract status.
 6772         3. A brief description of the process used to annually
 6773  apprise each eligible faculty member of progress toward
 6774  attainment of continuing-contract status.
 6775         (3) Florida Community College System institution presidents
 6776  and the heads of each major administrative division shall be
 6777  evaluated annually on the progress made toward meeting the goals
 6778  and objectives of the Florida Community College System
 6779  institution’s employment accountability plan.
 6780         (a) The Florida Community College System institution
 6781  presidents, or the presidents’ designees, shall annually
 6782  evaluate each department chairperson, dean, provost, and vice
 6783  president in achieving the annual and long-term goals and
 6784  objectives. A summary of the results of such evaluations shall
 6785  be reported annually by the Florida Community College System
 6786  institution president to the Florida Community College System
 6787  institution board of trustees. Annual budget allocations by the
 6788  Florida Community College System institution board of trustees
 6789  for positions and funding must take into consideration these
 6790  evaluations.
 6791         (b) Florida Community College System institution boards of
 6792  trustees shall annually evaluate the performance of the Florida
 6793  Community College System institution presidents in achieving the
 6794  annual and long-term goals and objectives. A summary of the
 6795  results of such evaluations shall be reported to the State Board
 6796  of Community Colleges Commissioner of Education and the State
 6797  Board of Education as part of the Florida Community College
 6798  System institution’s annual employment accountability plan, and
 6799  to the Legislature as part of the annual equity progress report
 6800  submitted by the State Board of Community Colleges Education.
 6801         (4) The State Board of Community Colleges Education shall
 6802  submit an annual equity progress report to the President of the
 6803  Senate and the Speaker of the House of Representatives on or
 6804  before January 1 of each year.
 6805         (5) Each Florida Community College System institution shall
 6806  develop a budgetary incentive plan to support and ensure
 6807  attainment of the goals developed pursuant to this section. The
 6808  plan shall specify, at a minimum, how resources shall be
 6809  allocated to support the achievement of goals and the
 6810  implementation of strategies in a timely manner. After prior
 6811  review and approval by the Florida Community College System
 6812  institution president and the Florida Community College System
 6813  institution board of trustees, the plan shall be submitted as
 6814  part of the annual employment accountability plan submitted by
 6815  each Florida Community College System institution to the State
 6816  Board of Community Colleges Education.
 6817         (6) Subject to available funding, the Legislature shall
 6818  provide an annual appropriation to the State Board of Community
 6819  Colleges Education to be allocated to Florida Community College
 6820  System institution presidents, faculty, and administrative
 6821  personnel to further enhance equity initiatives and related
 6822  priorities that support the mission of colleges and departments
 6823  in recognition of the attainment of the equity goals and
 6824  objectives.
 6825         Section 111. Subsection (3) of section 1013.01, Florida
 6826  Statutes, is amended to read:
 6827         1013.01 Definitions.—The following terms shall be defined
 6828  as follows for the purpose of this chapter:
 6829         (3) “Board,” unless otherwise specified, means a district
 6830  school board, a Florida Community College System institution
 6831  board of trustees, a university board of trustees, and the Board
 6832  of Trustees for the Florida School for the Deaf and the Blind.
 6833  The term “board” does not include the State Board of Education,
 6834  or the Board of Governors, or the State Board of Community
 6835  Colleges.
 6836         Section 112. Subsection (2) of section 1013.02, Florida
 6837  Statutes, is amended to read:
 6838         1013.02 Purpose; rules and regulations.—
 6839         (2)(a) The State Board of Education shall adopt rules
 6840  pursuant to ss. 120.536(1) and 120.54 to implement the
 6841  provisions of this chapter for school districts and Florida
 6842  College System institutions.
 6843         (b) The Board of Governors shall adopt regulations pursuant
 6844  to its regulation development procedure to implement the
 6845  provisions of this chapter for state universities.
 6846         (c) The State Board of Community Colleges shall adopt rules
 6847  pursuant to ss. 120.536(1) and 120.54 to implement this chapter
 6848  for Florida Community College System institutions.
 6849         Section 113. Section 1013.03, Florida Statutes, is amended
 6850  to read:
 6851         1013.03 Functions of the department, the State Board of
 6852  Community Colleges, and the Board of Governors.—The functions of
 6853  the Department of Education as it pertains to educational
 6854  facilities of school districts, of the State Board of Community
 6855  Colleges as it pertains to educational facilities of and Florida
 6856  Community College System institutions, and of the Board of
 6857  Governors as it pertains to educational facilities of state
 6858  universities shall include, but not be limited to, the
 6859  following:
 6860         (1) Establish recommended minimum and maximum square
 6861  footage standards for different functions and areas and
 6862  procedures for determining the gross square footage for each
 6863  educational facility to be funded in whole or in part by the
 6864  state, including public broadcasting stations but excluding
 6865  postsecondary special purpose laboratory space. The gross square
 6866  footage determination standards may be exceeded when the core
 6867  facility space of an educational facility is constructed or
 6868  renovated to accommodate the future addition of classrooms to
 6869  meet projected increases in student enrollment. The department,
 6870  the State Board of Community Colleges, and the Board of
 6871  Governors shall encourage multiple use of facilities and spaces
 6872  in educational plants.
 6873         (2) Establish, for the purpose of determining need,
 6874  equitably uniform utilization standards for all types of like
 6875  space, regardless of the level of education. These standards
 6876  shall also establish, for postsecondary education classrooms, a
 6877  minimum room utilization rate of 40 hours per week and a minimum
 6878  station utilization rate of 60 percent. These rates shall be
 6879  subject to increase based on national norms for utilization of
 6880  postsecondary education classrooms.
 6881         (3) Require boards to submit other educational plant
 6882  inventories data and statistical data or information relevant to
 6883  construction, capital improvements, and related costs.
 6884         (4) Require each board and other appropriate agencies to
 6885  submit complete and accurate financial data as to the amounts of
 6886  funds from all sources that are available and spent for
 6887  construction and capital improvements. The commissioner shall
 6888  prescribe the format and the date for the submission of this
 6889  data and any other educational facilities data. If any district
 6890  does not submit the required educational facilities fiscal data
 6891  by the prescribed date, the Commissioner of Education shall
 6892  notify the district school board of this fact and, if
 6893  appropriate action is not taken to immediately submit the
 6894  required report, the district school board shall be directed to
 6895  proceed pursuant to s. 1001.42(13)(b). If any Florida Community
 6896  College System institution or university does not submit the
 6897  required educational facilities fiscal data by the prescribed
 6898  date, the same policy prescribed in this subsection for school
 6899  districts shall be implemented.
 6900         (5) Administer, under the supervision of the Commissioner
 6901  of Education, the Public Education Capital Outlay and Debt
 6902  Service Trust Fund and the School District and Community College
 6903  District Capital Outlay and Debt Service Trust Fund.
 6904         (6) Develop, review, update, revise, and recommend a
 6905  mandatory portion of the Florida Building Code for educational
 6906  facilities construction and capital improvement by Florida
 6907  Community College System institution boards and district school
 6908  boards.
 6909         (7) Provide training, technical assistance, and building
 6910  code interpretation for requirements of the mandatory Florida
 6911  Building Code for the educational facilities construction and
 6912  capital improvement programs of the Florida College System
 6913  institution boards and district school boards and, upon request,
 6914  approve phase III construction documents for remodeling,
 6915  renovation, or new construction of educational plants or
 6916  ancillary facilities, except that Florida Community College
 6917  System institutions and university boards of trustees shall
 6918  approve specifications and construction documents for their
 6919  respective institutions pursuant to guidelines of the Board of
 6920  Governors or State Board of Community Colleges, as applicable.
 6921  The Department of Management Services may, upon request, provide
 6922  similar services for the Florida School for the Deaf and the
 6923  Blind and shall use the Florida Building Code and the Florida
 6924  Fire Prevention Code.
 6925         (8) Provide minimum criteria, procedures, and training to
 6926  boards to conduct educational plant surveys and document the
 6927  determination of future needs.
 6928         (9) Make available to boards technical assistance,
 6929  awareness training, and research and technical publications
 6930  relating to lifesafety, casualty, sanitation, environmental,
 6931  maintenance, and custodial issues; and, as needed, technical
 6932  assistance for survey, planning, design, construction,
 6933  operation, and evaluation of educational and ancillary
 6934  facilities and plants, facilities administrative procedures
 6935  review, and training for new administrators.
 6936         (10)(a) Review and validate surveys proposed or amended by
 6937  the boards and recommend to the Commissioner of Education, the
 6938  Chancellor of the Florida Community College System, or the
 6939  Chancellor of the State University System, as appropriate, for
 6940  approval, surveys that meet the requirements of this chapter.
 6941         1. The term “validate” as applied to surveys by school
 6942  districts means to review inventory data as submitted to the
 6943  department by district school boards; provide for review and
 6944  inspection, where required, of student stations and aggregate
 6945  square feet of inventory changed from satisfactory to
 6946  unsatisfactory or changed from unsatisfactory to satisfactory;
 6947  compare new school inventory to allocation limits provided by
 6948  this chapter; review cost projections for conformity with cost
 6949  limits set by s. 1013.64(6); compare total capital outlay full
 6950  time equivalent enrollment projections in the survey with the
 6951  department’s projections; review facilities lists to verify that
 6952  student station and auxiliary facility space allocations do not
 6953  exceed the limits provided by this chapter and related rules;
 6954  review and confirm the application of uniform facility
 6955  utilization factors, where provided by this chapter or related
 6956  rules; use utilize the documentation of programs offered per
 6957  site, as submitted by the board, to analyze facility needs;
 6958  confirm that need projections for career and adult educational
 6959  programs comply with needs documented by the Department of
 6960  Education; and confirm the assignment of full-time student
 6961  stations to all space except auxiliary facilities, which, for
 6962  purposes of exemption from student station assignment, include
 6963  the following:
 6964         a. Cafeterias.
 6965         b. Multipurpose dining areas.
 6966         c. Media centers.
 6967         d. Auditoriums.
 6968         e. Administration.
 6969         f. Elementary, middle, and high school resource rooms, up
 6970  to the number of such rooms recommended for the applicable
 6971  occupant and space design capacity of the educational plant in
 6972  the State Requirements for Educational Facilities, beyond which
 6973  student stations must be assigned.
 6974         g. Elementary school skills labs, up to the number of such
 6975  rooms recommended for the applicable occupant and space design
 6976  capacity of the educational plant in the State Requirements for
 6977  Educational Facilities, beyond which student stations must be
 6978  assigned.
 6979         h. Elementary school art and music rooms.
 6980  
 6981  The Commissioner of Education may grant a waiver from the
 6982  requirements of this subparagraph if a district school board
 6983  determines that such waiver will make possible a substantial
 6984  savings of funds or will be advantageous to the welfare of the
 6985  educational system. The district school board shall present a
 6986  full statement to the commissioner which sets forth the facts
 6987  that warrant the waiver. If the commissioner denies a request
 6988  for a waiver, the district school board may appeal such decision
 6989  to the State Board of Education.
 6990         2. The term “validate” as applied to surveys by Florida
 6991  Community College System institutions and universities means to
 6992  review and document the approval of each new site and official
 6993  designation, where applicable; review the inventory database as
 6994  submitted by each board to the department, including noncareer,
 6995  and total capital outlay full-time equivalent enrollment
 6996  projections per site and per college; provide for the review and
 6997  inspection, where required, of student stations and aggregate
 6998  square feet of space changed from satisfactory to
 6999  unsatisfactory; use utilize and review the documentation of
 7000  programs offered per site submitted by the boards as accurate
 7001  for analysis of space requirements and needs; confirm that needs
 7002  projected for career and adult educational programs comply with
 7003  needs documented by the Department of Education; compare new
 7004  facility inventory to allocations limits as provided in this
 7005  chapter; review cost projections for conformity with state
 7006  averages or limits designated by this chapter; compare student
 7007  enrollment projections in the survey to the department’s
 7008  projections; review facilities lists to verify that area
 7009  allocations and space factors for generating space needs do not
 7010  exceed the limits as provided by this chapter and related rules;
 7011  confirm the application of facility utilization factors as
 7012  provided by this chapter and related rules; and review, as
 7013  submitted, documentation of how survey recommendations will
 7014  implement the detail of current campus master plans and
 7015  integrate with local comprehensive plans and development
 7016  regulations.
 7017         (b) Recommend priority of projects to be funded.
 7018         (11) Prepare the commissioner’s comprehensive fixed capital
 7019  outlay legislative budget request and provide annually an
 7020  estimate of the funds available for developing required 3-year
 7021  priority lists. This amount shall be based upon the average
 7022  percentage for the 5 prior years of funds appropriated by the
 7023  Legislature for fixed capital outlay to each level of public
 7024  education: public schools, Florida Community College System
 7025  institutions, and universities.
 7026         (12) Perform any other functions that may be involved in
 7027  educational facilities construction and capital improvement
 7028  which shall ensure that the intent of the Legislature is
 7029  implemented.
 7030         Section 114. Section 1013.28, Florida Statutes, is amended
 7031  to read:
 7032         1013.28 Disposal of property.—
 7033         (1) REAL PROPERTY.—
 7034         (a) Subject to rules of the State Board of Education, a
 7035  district school board or, the Board of Trustees for the Florida
 7036  School for the Deaf and the Blind, or a Florida College System
 7037  institution board of trustees may dispose of any land or real
 7038  property to which the board holds title which is, by resolution
 7039  of the board, determined to be unnecessary for educational
 7040  purposes as recommended in an educational plant survey. A
 7041  district school board or, the Board of Trustees for the Florida
 7042  School for the Deaf and the Blind, or a Florida College System
 7043  institution board of trustees shall take diligent measures to
 7044  dispose of educational property only in the best interests of
 7045  the public. However, appraisals may be obtained by the district
 7046  school board or, the Board of Trustees for the Florida School
 7047  for the Deaf and the Blind before, or the Florida College System
 7048  institution board of trustees prior to or simultaneously with
 7049  the receipt of bids.
 7050         (b) Subject to regulations of the Board of Governors, a
 7051  state university board of trustees may dispose of any land or
 7052  real property to which it holds valid title which is, by
 7053  resolution of the state university board of trustees, determined
 7054  to be unnecessary for educational purposes as recommended in an
 7055  educational plant survey. A state university board of trustees
 7056  shall take diligent measures to dispose of educational property
 7057  only in the best interests of the public. However, appraisals
 7058  may be obtained by the state university board of trustees prior
 7059  to or simultaneously with the receipt of bids.
 7060         (c) Subject to rules of the State Board of Community
 7061  Colleges, a Florida Community College System institution board
 7062  of trustees may dispose of any land or real property to which it
 7063  holds valid title which is, by resolution of the Florida
 7064  Community College System institution board of trustees,
 7065  determined to be unnecessary for educational purposes as
 7066  recommended in an educational plant survey. A Florida Community
 7067  College System institution board of trustees shall take diligent
 7068  measures to dispose of educational property only in the best
 7069  interests of the public. However, appraisals may be obtained by
 7070  the Florida Community College System institution board of
 7071  trustees prior to or simultaneously with the receipt of bids.
 7072         (2) TANGIBLE PERSONAL PROPERTY.—
 7073         (a) Tangible personal property that has been properly
 7074  classified as surplus by a district school board or Florida
 7075  College System institution board of trustees shall be disposed
 7076  of in accordance with the procedure established by chapter 274.
 7077  However, the provisions of chapter 274 shall not be applicable
 7078  to a motor vehicle used in driver education to which title is
 7079  obtained for a token amount from an automobile dealer or
 7080  manufacturer. In such cases, the disposal of the vehicle shall
 7081  be as prescribed in the contractual agreement between the
 7082  automotive agency or manufacturer and the board.
 7083         (b) Tangible personal property that has been properly
 7084  classified as surplus by a state university board of trustees
 7085  shall be disposed of in accordance with the procedure
 7086  established by chapter 273.
 7087         (c) Tangible personal property that has been properly
 7088  classified as surplus by a Florida Community College System
 7089  institution board of trustees shall be disposed of in accordance
 7090  with the procedure established by chapter 274.
 7091         Section 115. Subsection (1) of section 1013.31, Florida
 7092  Statutes, is amended to read:
 7093         1013.31 Educational plant survey; localized need
 7094  assessment; PECO project funding.—
 7095         (1) At least every 5 years, each board shall arrange for an
 7096  educational plant survey, to aid in formulating plans for
 7097  housing the educational program and student population, faculty,
 7098  administrators, staff, and auxiliary and ancillary services of
 7099  the district or campus, including consideration of the local
 7100  comprehensive plan. The Department of Education, for school
 7101  districts, and the State Board of Community Colleges, for the
 7102  Florida Community College System, shall document the need for
 7103  additional career and adult education programs and the
 7104  continuation of existing programs before facility construction
 7105  or renovation related to career or adult education may be
 7106  included in the educational plant survey of a school district or
 7107  Florida Community College System institution that delivers
 7108  career or adult education programs. Information used by the
 7109  Department of Education or State Board of Community Colleges to
 7110  establish facility needs must include, but need not be limited
 7111  to, labor market data, needs analysis, and information submitted
 7112  by the school district or Florida Community College System
 7113  institution.
 7114         (a) Survey preparation and required data.—Each survey shall
 7115  be conducted by the board or an agency employed by the board.
 7116  Surveys shall be reviewed and approved by the board, and a file
 7117  copy shall be submitted to the Department of Education, the
 7118  Chancellor of the Florida Community College System, or the
 7119  Chancellor of the State University System, as appropriate. The
 7120  survey report shall include at least an inventory of existing
 7121  educational and ancillary plants, including safe access
 7122  facilities; recommendations for existing educational and
 7123  ancillary plants; recommendations for new educational or
 7124  ancillary plants, including the general location of each in
 7125  coordination with the land use plan and safe access facilities;
 7126  campus master plan update and detail for Florida Community
 7127  College System institutions; the use utilization of school
 7128  plants based on an extended school day or year-round operation;
 7129  and such other information as may be required by the Department
 7130  of Education. This report may be amended, if conditions warrant,
 7131  at the request of the department or commissioner.
 7132         (b) Required need assessment criteria for district, Florida
 7133  Community College System institution, state university, and
 7134  Florida School for the Deaf and the Blind plant surveys.
 7135  Educational plant surveys must use uniform data sources and
 7136  criteria specified in this paragraph. Each revised educational
 7137  plant survey and each new educational plant survey supersedes
 7138  previous surveys.
 7139         1. The school district’s survey must be submitted as a part
 7140  of the district educational facilities plan defined in s.
 7141  1013.35. To ensure that the data reported to the Department of
 7142  Education as required by this section is correct, the department
 7143  shall annually conduct an onsite review of 5 percent of the
 7144  facilities reported for each school district completing a new
 7145  survey that year. If the department’s review finds the data
 7146  reported by a district is less than 95 percent accurate, within
 7147  1 year from the time of notification by the department the
 7148  district must submit revised reports correcting its data. If a
 7149  district fails to correct its reports, the commissioner may
 7150  direct that future fixed capital outlay funds be withheld until
 7151  such time as the district has corrected its reports so that they
 7152  are not less than 95 percent accurate.
 7153         2. Each survey of a special facility, joint-use facility,
 7154  or cooperative career education facility must be based on
 7155  capital outlay full-time equivalent student enrollment data
 7156  prepared by the department for school districts and Florida
 7157  Community College System institutions and by the Chancellor of
 7158  the State University System for universities. A survey of space
 7159  needs of a joint-use facility shall be based upon the respective
 7160  space needs of the school districts, Florida Community College
 7161  System institutions, and universities, as appropriate.
 7162  Projections of a school district’s facility space needs may not
 7163  exceed the norm space and occupant design criteria established
 7164  by the State Requirements for Educational Facilities.
 7165         3. Each Florida Community College System institution’s
 7166  survey must reflect the capacity of existing facilities as
 7167  specified in the inventory maintained and validated by the
 7168  Chancellor of the Florida Community College System by the
 7169  Department of Education. Projections of facility space needs
 7170  must comply with standards for determining space needs as
 7171  specified by rule of the State Board of Community Colleges
 7172  Education. The 5-year projection of capital outlay student
 7173  enrollment must be consistent with the annual report of capital
 7174  outlay full-time student enrollment prepared by the Department
 7175  of Education.
 7176         4. Each state university’s survey must reflect the capacity
 7177  of existing facilities as specified in the inventory maintained
 7178  and validated by the Chancellor of the State University System.
 7179  Projections of facility space needs must be consistent with
 7180  standards for determining space needs as specified by regulation
 7181  of the Board of Governors. The projected capital outlay full
 7182  time equivalent student enrollment must be consistent with the
 7183  5-year planned enrollment cycle for the State University System
 7184  approved by the Board of Governors.
 7185         5. The district educational facilities plan of a school
 7186  district and the educational plant survey of a Florida Community
 7187  College System institution, state university, or the Florida
 7188  School for the Deaf and the Blind may include space needs that
 7189  deviate from approved standards for determining space needs if
 7190  the deviation is justified by the district or institution and
 7191  approved by the department, the State Board of Community
 7192  Colleges, or the Board of Governors, as appropriate, as
 7193  necessary for the delivery of an approved educational program.
 7194         (c) Review and validation.—The Department of Education
 7195  shall review and validate the surveys of school districts, the
 7196  Chancellor of the Florida Community College System shall review
 7197  and validate the surveys of and Florida Community College System
 7198  institutions, and the Chancellor of the State University System
 7199  shall review and validate the surveys of universities, and any
 7200  amendments thereto for compliance with the requirements of this
 7201  chapter and shall recommend those in compliance for approval by
 7202  the State Board of Education, the State Board of Community
 7203  Colleges, or the Board of Governors, as appropriate. Annually,
 7204  the department shall perform an in-depth analysis of a
 7205  representative sample of each survey of recommended needs for
 7206  five districts selected by the commissioner from among districts
 7207  with the largest need-to-revenue ratio. For the purpose of this
 7208  subsection, the need-to-revenue ratio is determined by dividing
 7209  the total 5-year cost of projects listed on the district survey
 7210  by the total 5-year fixed capital outlay revenue projections
 7211  from state and local sources as determined by the department.
 7212  The commissioner may direct fixed capital outlay funds to be
 7213  withheld from districts until such time as the survey accurately
 7214  projects facilities needs.
 7215         (d) Periodic update of Florida Inventory of School Houses.
 7216  School districts shall periodically update their inventory of
 7217  educational facilities as new capacity becomes available and as
 7218  unsatisfactory space is eliminated. The State Board of Education
 7219  shall adopt rules to determine the timeframe in which districts
 7220  must provide a periodic update.
 7221         Section 116. Subsections (1) and (3) of section 1013.36,
 7222  Florida Statutes, are amended to read:
 7223         1013.36 Site planning and selection.—
 7224         (1) Before acquiring property for sites, each district
 7225  school board and Florida Community College System institution
 7226  board of trustees shall determine the location of proposed
 7227  educational centers or campuses. In making this determination,
 7228  the board shall consider existing and anticipated site needs and
 7229  the most economical and practicable locations of sites. The
 7230  board shall coordinate with the long-range or comprehensive
 7231  plans of local, regional, and state governmental agencies to
 7232  assure the consistency of such plans. Boards are encouraged to
 7233  locate district educational facilities proximate to urban
 7234  residential areas to the extent possible, and shall seek to
 7235  collocate district educational facilities with other public
 7236  facilities, such as parks, libraries, and community centers, to
 7237  the extent possible and to encourage using elementary schools as
 7238  focal points for neighborhoods.
 7239         (3) Sites recommended for purchase or purchased must meet
 7240  standards prescribed in law and such supplementary standards as
 7241  the State Board of Education or State Board of Community
 7242  Colleges, as appropriate, prescribes to promote the educational
 7243  interests of the students. Each site must be well drained and
 7244  suitable for outdoor educational purposes as appropriate for the
 7245  educational program or collocated with facilities to serve this
 7246  purpose. As provided in s. 333.03, the site must not be located
 7247  within any path of flight approach of any airport. Insofar as is
 7248  practicable, the site must not adjoin a right-of-way of any
 7249  railroad or through highway and must not be adjacent to any
 7250  factory or other property from which noise, odors, or other
 7251  disturbances, or at which conditions, would be likely to
 7252  interfere with the educational program. To the extent
 7253  practicable, sites must be chosen which will provide safe access
 7254  from neighborhoods to schools.
 7255         Section 117. Subsections (3) and (4) of section 1013.37,
 7256  Florida Statutes, are amended to read:
 7257         1013.37 State uniform building code for public educational
 7258  facilities construction.—
 7259         (3) REVIEW PROCEDURE.—The Commissioner of Education and the
 7260  Chancellor of the Florida Community College System, as
 7261  appropriate, shall cooperate with the Florida Building
 7262  Commission in addressing all questions, disputes, or
 7263  interpretations involving the provisions of the Florida Building
 7264  Code which govern the construction of public educational and
 7265  ancillary facilities, and any objections to decisions made by
 7266  the inspectors or the department must be submitted in writing.
 7267         (4) BIENNIAL REVIEW AND UPDATE; DISSEMINATION.—The
 7268  department, for school districts, and the State Board of
 7269  Community Colleges, for Florida Community College System
 7270  institutions, shall biennially review and recommend to the
 7271  Florida Building Commission updates and revisions to the
 7272  provisions of the Florida Building Code which govern the
 7273  construction of public educational and ancillary facilities. The
 7274  department, for school districts, and the State Board of
 7275  Community Colleges, for Florida Community College System
 7276  institutions, shall publish and make available to each board at
 7277  no cost copies of the State Requirements for Educational
 7278  Facilities and each amendment and revision thereto. The
 7279  department and state board shall make additional copies
 7280  available to all interested persons at a price sufficient to
 7281  recover costs.
 7282         Section 118. Section 1013.40, Florida Statutes, is amended
 7283  to read:
 7284         1013.40 Planning and construction of Florida Community
 7285  College System institution facilities; property acquisition.—
 7286         (1) The need for Florida Community College System
 7287  institution facilities shall be established by a survey
 7288  conducted pursuant to this chapter. The facilities recommended
 7289  by such survey must be approved by the State Board of Community
 7290  Colleges Education, and the projects must be constructed
 7291  according to the provisions of this chapter and State Board of
 7292  Community Colleges Education rules.
 7293         (2) A No Florida Community College System institution may
 7294  not expend public funds for the acquisition of additional
 7295  property without the specific approval of the Legislature.
 7296         (3) A No facility may not be acquired or constructed by a
 7297  Florida Community College System institution or its direct
 7298  support organization if such facility requires general revenue
 7299  funds for operation or maintenance upon project completion or in
 7300  subsequent years of operation, unless prior approval is received
 7301  from the Legislature.
 7302         (4) The campus of a Florida Community College System
 7303  institution within a municipality designated as an area of
 7304  critical state concern, as defined in s. 380.05, and having a
 7305  comprehensive plan and land development regulations containing a
 7306  building permit allocation system that limits annual growth, may
 7307  construct dormitories for up to 300 beds for Florida Community
 7308  College System institution students. Such dormitories are exempt
 7309  from the building permit allocation system and may be
 7310  constructed up to 45 feet in height if the dormitories are
 7311  otherwise consistent with the comprehensive plan, the Florida
 7312  Community College System institution has a hurricane evacuation
 7313  plan that requires all dormitory occupants to be evacuated 48
 7314  hours in advance of tropical force winds, and transportation is
 7315  provided for dormitory occupants during an evacuation. State
 7316  funds and tuition and fee revenues may not be used for
 7317  construction, debt service payments, maintenance, or operation
 7318  of such dormitories. Additional dormitory beds constructed after
 7319  July 1, 2016, may not be financed through the issuance of a
 7320  bond.
 7321         Section 119. Section 1013.47, Florida Statutes, is amended
 7322  to read:
 7323         1013.47 Substance of contract; contractors to give bond;
 7324  penalties.—Each board shall develop contracts consistent with
 7325  this chapter and statutes governing public facilities. Such a
 7326  contract must contain the drawings and specifications of the
 7327  work to be done and the material to be furnished, the time limit
 7328  in which the construction is to be completed, the time and
 7329  method by which payments are to be made upon the contract, and
 7330  the penalty to be paid by the contractor for a failure to comply
 7331  with the terms of the contract. The board may require the
 7332  contractor to pay a penalty for any failure to comply with the
 7333  terms of the contract and may provide an incentive for early
 7334  completion. Upon accepting a satisfactory bid, the board shall
 7335  enter into a contract with the party or parties whose bid has
 7336  been accepted. The contractor shall furnish the board with a
 7337  performance and payment bond as set forth in s. 255.05. A board
 7338  or other public entity may not require a contractor to secure a
 7339  surety bond under s. 255.05 from a specific agent or bonding
 7340  company. A person, firm, or corporation that constructs any part
 7341  of any educational plant, or addition thereto, on the basis of
 7342  any unapproved plans or in violation of any plans approved in
 7343  accordance with the provisions of this chapter and rules of the
 7344  State Board of Education or State Board of Community Colleges or
 7345  regulations of the Board of Governors relating to building
 7346  standards or specifications is subject to forfeiture of the
 7347  surety bond and unpaid compensation in an amount sufficient to
 7348  reimburse the board for any costs that will need to be incurred
 7349  in making any changes necessary to assure that all requirements
 7350  are met and is also guilty of a misdemeanor of the second
 7351  degree, punishable as provided in s. 775.082 or s. 775.083, for
 7352  each separate violation.
 7353         Section 120. Section 1013.52, Florida Statutes, is amended
 7354  to read:
 7355         1013.52 Cooperative development and joint use of facilities
 7356  by two or more boards.—
 7357         (1) Two or more boards, including district school boards,
 7358  Florida Community College System institution boards of trustees,
 7359  the Board of Trustees for the Florida School for the Deaf and
 7360  the Blind, and university boards of trustees, desiring to
 7361  cooperatively establish a common educational facility to
 7362  accommodate students shall:
 7363         (a) Jointly request a formal assessment by the Commissioner
 7364  of Education, or the Chancellor of the State University System,
 7365  or the Chancellor of the State Board of Community Colleges, as
 7366  appropriate, of the academic program need and the need to build
 7367  new joint-use facilities to house approved programs. Completion
 7368  of the assessment and approval of the project by the State Board
 7369  of Education, the State Board of Community Colleges, the
 7370  Chancellor of the Florida Community College System, the Board of
 7371  Governors, the Chancellor of the State University System, or the
 7372  Commissioner of Education, as appropriate, should be done prior
 7373  to conducting an educational facilities survey.
 7374         (b) Demonstrate the need for construction of new joint-use
 7375  facilities involving postsecondary institutions by those
 7376  institutions presenting evidence of the presence of sufficient
 7377  actual full-time equivalent enrollments in the locale in leased,
 7378  rented, or borrowed spaces to justify the requested facility for
 7379  the programs identified in the formal assessment rather than
 7380  using projected or anticipated future full-time equivalent
 7381  enrollments as justification. If the decision is made to
 7382  construct new facilities to meet this demonstrated need, then
 7383  building plans should consider full-time equivalent enrollment
 7384  growth facilitated by this new construction and subsequent new
 7385  program offerings made possible by the existence of the new
 7386  facilities.
 7387         (c) Adopt and submit to the Commissioner of Education, the
 7388  Chancellor of the Florida Community College System, or and the
 7389  Chancellor of the State University System, as appropriate, if
 7390  the joint request involves a state university, a joint
 7391  resolution of the participating boards indicating their
 7392  commitment to the utilization of the requested facility and
 7393  designating the locale of the proposed facility. The joint
 7394  resolution shall contain a statement of determination by the
 7395  participating boards that alternate options, including the use
 7396  of leased, rented, or borrowed space, were considered and found
 7397  less appropriate than construction of the proposed facility. The
 7398  joint resolution shall contain assurance that the development of
 7399  the proposed facility has been examined in conjunction with the
 7400  programs offered by neighboring public educational facilities
 7401  offering instruction at the same level. The joint resolution
 7402  also shall contain assurance that each participating board shall
 7403  provide for continuity of educational progression. All joint
 7404  resolutions shall be submitted by August 1 for consideration of
 7405  funding by the subsequent Legislature.
 7406         (d) Submit requests for funding of joint-use facilities
 7407  projects involving state universities and Florida Community
 7408  College System institutions for approval by the Chancellor of
 7409  the Florida Community College System Commissioner of Education
 7410  and the Chancellor of the State University System. The
 7411  Chancellor of the Florida Community College System Commissioner
 7412  of Education and the Chancellor of the State University System
 7413  shall jointly determine the priority for funding these projects
 7414  in relation to the priority of all other capital outlay projects
 7415  under their consideration. To be eligible for funding from the
 7416  Public Education Capital Outlay and Debt Service Trust Fund
 7417  under the provisions of this section, projects involving both
 7418  state universities and Florida Community College System
 7419  institutions shall appear on the 3-year capital outlay priority
 7420  lists of Florida Community College System institutions and of
 7421  universities required by s. 1013.64. Projects involving a state
 7422  university, a Florida Community College System institution, and
 7423  a public school, and in which the larger share of the proposed
 7424  facility is for the use of the state university or the Florida
 7425  Community College System institution, shall appear on the 3-year
 7426  capital outlay priority lists of the Florida Community College
 7427  System institutions or of the universities, as applicable.
 7428         (e) Include in their joint resolution for the joint-use
 7429  facilities, comprehensive plans for the operation and management
 7430  of the facility upon completion. Institutional responsibilities
 7431  for specific functions shall be identified, including
 7432  designation of one participating board as sole owner of the
 7433  facility. Operational funding arrangements shall be clearly
 7434  defined.
 7435         (2) An educational plant survey must be conducted within 90
 7436  days after submission of the joint resolution and substantiating
 7437  data describing the benefits to be obtained, the programs to be
 7438  offered, and the estimated cost of the proposed project. Upon
 7439  completion of the educational plant survey, the participating
 7440  boards may include the recommended projects in their plan as
 7441  provided in s. 1013.31. Upon approval of the project by the
 7442  commissioner, the Chancellor of the Florida Community College
 7443  System, or the Chancellor of the State University System, as
 7444  appropriate, 25 percent of the total cost of the project, or the
 7445  pro rata share based on space utilization of 25 percent of the
 7446  cost, must be included in the department’s legislative capital
 7447  outlay budget request as provided in s. 1013.60 for educational
 7448  plants. The participating boards must include in their joint
 7449  resolution a commitment to finance the remaining funds necessary
 7450  to complete the planning, construction, and equipping of the
 7451  facility. Funds from the Public Education Capital Outlay and
 7452  Debt Service Trust Fund may not be expended on any project
 7453  unless specifically authorized by the Legislature.
 7454         (3) Included in all proposals for joint-use facilities must
 7455  be documentation that the proposed new campus or new joint-use
 7456  facility has been reviewed by the State Board of Education, the
 7457  State Board of Community Colleges, or the Board of Governors, as
 7458  appropriate, and has been formally requested for authorization
 7459  by the Legislature.
 7460         (4) A No district school board, Florida Community College
 7461  System institution, or state university may not shall receive
 7462  funding for more than one approved joint-use facility per campus
 7463  in any 3-year period.
 7464         Section 121. Subsection (1) of section 1013.65, Florida
 7465  Statutes, is amended to read:
 7466         1013.65 Educational and ancillary plant construction funds;
 7467  Public Education Capital Outlay and Debt Service Trust Fund;
 7468  allocation of funds.—
 7469         (1) The commissioner, through the department, shall
 7470  administer the Public Education Capital Outlay and Debt Service
 7471  Trust Fund. The commissioner shall allocate or reallocate funds
 7472  as authorized by the Legislature. Copies of each allocation or
 7473  reallocation shall be provided to members of the State Board of
 7474  Education, the State Board of Community Colleges, and the Board
 7475  of Governors and to the chairs of the House of Representatives
 7476  and Senate appropriations committees. The commissioner shall
 7477  provide for timely encumbrances of funds for duly authorized
 7478  projects. Encumbrances may include proceeds to be received under
 7479  a resolution approved by the State Board of Education
 7480  authorizing the issuance of public education capital outlay
 7481  bonds pursuant to s. 9(a)(2), Art. XII of the State
 7482  Constitution, s. 215.61, and other applicable law. The
 7483  commissioner shall provide for the timely disbursement of moneys
 7484  necessary to meet the encumbrance authorizations of the boards.
 7485  Records shall be maintained by the department to identify
 7486  legislative appropriations, allocations, encumbrance
 7487  authorizations, disbursements, transfers, investments, sinking
 7488  funds, and revenue receipts by source. The Department of
 7489  Education shall pay the administrative costs of the Public
 7490  Education Capital Outlay and Debt Service Trust Fund from the
 7491  funds which comprise the trust fund.
 7492         Section 122. The State Board of Community Colleges, in
 7493  collaboration with the Board of Governors, shall evaluate and
 7494  report on the status of Florida’s “2+2” system of articulation
 7495  using the accountability measures required pursuant to s.
 7496  1008.38, Florida Statutes, and any other applicable state law.
 7497  By December 31, 2017, the state board and the Board of Governors
 7498  shall submit their report to the Governor, the President of the
 7499  Senate, and the Speaker of the House of Representatives. The
 7500  report must include findings regarding the effectiveness of
 7501  Florida’s “2+2” system of articulation and recommendations for
 7502  improvement.
 7503         Section 123. The Division of Law Revision and Information
 7504  is directed to prepare a reviser’s bill for the 2018 Regular
 7505  Session to substitute the term “Florida Community College
 7506  System” for “Florida College System” and the term “Florida
 7507  Community College System institution” for “Florida College
 7508  System institution where those terms appear in the Florida
 7509  Statutes.
 7510         Section 124. Effective July 1, 2017, subsection (1) of
 7511  section 1001.66, Florida Statutes, is amended to read:
 7512         1001.66 Florida Community College System Performance-Based
 7513  Incentive.—
 7514         (1) The State Board of Community Colleges shall adopt the
 7515  following performance-based metrics for use in awarding a
 7516  Florida Community College System Performance-Based Incentive
 7517  shall be awarded to a Florida Community College System
 7518  institution: institutions using performance-based metrics
 7519         (a) A student retention rate, as calculated by the State
 7520  Board of Community Colleges;
 7521         (b) A 100 percent-of-normal-time program completion and
 7522  graduation rate for full-time, first-time-in-college students,
 7523  as calculated by the State Board of Community Colleges using a
 7524  cohort definition of “full-time” based on a student’s majority
 7525  enrollment in full-time terms;
 7526         (c) A continuing education or postgraduation job placement
 7527  rate for workforce education programs, including workforce
 7528  baccalaureate degree programs, as reported by the Florida
 7529  Education and Training Placement Information Program, with wage
 7530  thresholds that reflect the added value of the applicable
 7531  certificate or degree. This paragraph does not apply to
 7532  associate in arts degrees;
 7533         (d) A graduation rate for first-time-in-college students
 7534  enrolled in an associate of arts degree program who graduate
 7535  with a baccalaureate degree in 4 years after initially enrolling
 7536  in an associates of arts degree program; and
 7537         (e) One performance-based metric on college affordability
 7538  adopted by the State Board of Education. The performance-based
 7539  metrics must include retention rates; program completion and
 7540  graduation rates; postgraduation employment, salaries, and
 7541  continuing education for workforce education and baccalaureate
 7542  programs, with wage thresholds that reflect the added value of
 7543  the certificate or degree; and outcome measures appropriate for
 7544  associate of arts degree recipients.
 7545  
 7546  The state board shall adopt benchmarks to evaluate each
 7547  institution’s performance on the metrics to measure the
 7548  institution’s achievement of institutional excellence or need
 7549  for improvement and the minimum requirements for eligibility to
 7550  receive performance funding.
 7551         Section 125. Effective July 1, 2017, subsection (1) of
 7552  section 1001.67, Florida Statutes, is amended to read:
 7553         1001.67 Distinguished Florida Community College System
 7554  Institution Program.—A collaborative partnership is established
 7555  between the State Board of Community Colleges Education and the
 7556  Legislature to recognize the excellence of Florida’s highest
 7557  performing Florida Community College System institutions.
 7558         (1) EXCELLENCE STANDARDS.—The following excellence
 7559  standards are established for the program:
 7560         (a) A 100 150 percent-of-normal-time completion rate for
 7561  full-time, first-time-in-college students of 50 percent or
 7562  higher, as calculated by the State Board of Community Division
 7563  of Florida Colleges.
 7564         (b) A 100 150 percent-of-normal-time completion rate for
 7565  full-time, first-time-in-college Pell Grant recipients of 40
 7566  percent or higher, as calculated by the State Board of Community
 7567  Division of Florida Colleges.
 7568         (c) A retention rate of 70 percent or higher, as calculated
 7569  by the State Board of Community Division of Florida Colleges.
 7570         (d) A continuing education, or transfer, rate of 72 percent
 7571  or higher for students graduating with an associate of arts
 7572  degree, as reported by the Florida Education and Training
 7573  Placement Information Program (FETPIP).
 7574         (e) A licensure passage rate on the National Council
 7575  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 7576  percent or higher for first-time exam takers, as reported by the
 7577  Board of Nursing.
 7578         (f) A job placement or continuing education or job
 7579  placement rate of 88 percent or higher for workforce programs,
 7580  as reported by FETPIP, with wage thresholds that reflect the
 7581  added value of the applicable certificate or degree. This
 7582  paragraph does not apply to associate of arts degrees.
 7583         (g) An excess hours rate of 40 percent or lower for A time
 7584  to-degree for students graduating with an associate of arts
 7585  degree recipients who graduate with 72 or more credit hours, as
 7586  calculated by the State Board of Community Colleges of 2.25
 7587  years or less for first-time-in-college students with
 7588  accelerated college credits, as reported by the Southern
 7589  Regional Education Board.
 7590         Section 126. Effective July 1, 2017, paragraph (b) of
 7591  subsection (5) of section 1001.706, Florida Statutes, is amended
 7592  to read:
 7593         1001.706 Powers and duties of the Board of Governors.—
 7594         (5) POWERS AND DUTIES RELATING TO ACCOUNTABILITY.—
 7595         (b) The Board of Governors shall develop a strategic plan
 7596  specifying goals and objectives for the State University System
 7597  and each constituent university, including each university’s
 7598  contribution to overall system goals and objectives. The
 7599  strategic plan must:
 7600         1. Include performance metrics and standards common for all
 7601  institutions and metrics and standards unique to institutions
 7602  depending on institutional core missions, including, but not
 7603  limited to, student admission requirements, retention,
 7604  graduation, percentage of graduates who have attained
 7605  employment, percentage of graduates enrolled in continued
 7606  education, licensure passage, average wages of employed
 7607  graduates, average cost per graduate, excess hours, student loan
 7608  burden and default rates, faculty awards, total annual research
 7609  expenditures, patents, licenses and royalties, intellectual
 7610  property, startup companies, annual giving, endowments, and
 7611  well-known, highly respected national rankings for institutional
 7612  and program achievements.
 7613         2. Consider reports and recommendations of the Higher
 7614  Education Coordinating Council pursuant to s. 1004.015 and the
 7615  Articulation Coordinating Committee pursuant to s. 1007.01.
 7616         3. Include student enrollment and performance data
 7617  delineated by method of instruction, including, but not limited
 7618  to, traditional, online, and distance learning instruction.
 7619         4. Include criteria for designating baccalaureate degree
 7620  and master’s degree programs at specified universities as high
 7621  demand programs of emphasis. Fifty percent of the criteria for
 7622  designation as high-demand programs of emphasis must be based on
 7623  achievement of performance outcome thresholds determined by the
 7624  Board of Governors, and 50 percent of the criteria must be based
 7625  on achievement of performance outcome thresholds specifically
 7626  linked to:
 7627         a. Job placement in employment of 36 hours or more per week
 7628  and average full-time wages of graduates of the degree programs
 7629  1 year and 5 years after graduation, based in part on data
 7630  provided in the economic security report of employment and
 7631  earning outcomes produced annually pursuant to s. 445.07.
 7632         b. Data-driven gap analyses, conducted by the Board of
 7633  Governors, of the state’s job market demands and the outlook for
 7634  jobs that require a baccalaureate or higher degree. Each state
 7635  university must use the gap analyses to identify internship
 7636  opportunities for students to benefit from mentorship by
 7637  industry experts, earn industry certifications, and become
 7638  employed in high-demand fields.
 7639         Section 127. Effective July 1, 2017, paragraph (d) of
 7640  subsection (2), paragraph (c) of subsection (5), and subsections
 7641  (6), (7), and (8) of section 1001.7065, Florida Statutes, are
 7642  amended to read:
 7643         1001.7065 Preeminent state research universities program.—
 7644         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—The
 7645  following academic and research excellence standards are
 7646  established for the preeminent state research universities
 7647  program:
 7648         (d) A 4-year 6-year graduation rate of 50 70 percent or
 7649  higher for full-time, first-time-in-college students, as
 7650  calculated by the Board of Governors reported annually to the
 7651  IPEDS.
 7652         (5) PREEMINENT STATE RESEARCH UNIVERSITIES PROGRAM
 7653  SUPPORT.—
 7654         (c) The award of funds under this subsection is contingent
 7655  upon funding provided in the General Appropriations Act to
 7656  support the preeminent state research universities program
 7657  created under this section. Funding increases appropriated
 7658  beyond the amounts funded in the previous fiscal year shall be
 7659  distributed as follows:
 7660         1. Each designated preeminent state research university
 7661  that meets the criteria in paragraph (a) shall receive an equal
 7662  amount of funding.
 7663         2. Each designated emerging preeminent state research
 7664  university that meets the criteria in paragraph (b) shall
 7665  receive an amount of funding that is equal to one-fourth one
 7666  half of the total increased amount awarded to each designated
 7667  preeminent state research university.
 7668         (6) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
 7669  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
 7670  educational experience, a university that is designated a
 7671  preeminent state research university may require its incoming
 7672  first-time-in-college students to take a six-credit set of
 7673  unique courses specifically determined by the university and
 7674  published on the university’s website. The university may
 7675  stipulate that credit for such courses may not be earned through
 7676  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
 7677  or any other transfer credit. All accelerated credits earned up
 7678  to the limits specified in ss. 1007.27 and 1007.271 shall be
 7679  applied toward graduation at the student’s request.
 7680         (6)(7) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
 7681  AUTHORITY.—The Board of Governors is encouraged to identify and
 7682  grant all reasonable, feasible authority and flexibility to
 7683  ensure that each designated preeminent state research university
 7684  and each designated emerging preeminent state research
 7685  university is free from unnecessary restrictions.
 7686         (7)(8) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
 7687  UNIVERSITY SYSTEM.—The Board of Governors shall is encouraged to
 7688  establish standards and measures whereby individual
 7689  undergraduate, graduate, and professional degree programs in
 7690  state universities which that objectively reflect national
 7691  excellence can be identified and make recommendations to the
 7692  Legislature by September 1, 2017, as to how any such programs
 7693  could be enhanced and promoted.
 7694         Section 128. Effective July 1, 2017, subsection (1) of
 7695  section 1001.92, Florida Statutes, is amended to read:
 7696         1001.92 State University System Performance-Based
 7697  Incentive.—
 7698         (1) A State University System Performance-Based Incentive
 7699  shall be awarded to state universities using performance-based
 7700  metrics adopted by the Board of Governors of the State
 7701  University System. The performance-based metrics must include 4
 7702  year graduation rates; retention rates; postgraduation education
 7703  rates; degree production; affordability; postgraduation
 7704  employment and salaries, including wage thresholds that reflect
 7705  the added value of a baccalaureate degree; access, with
 7706  benchmarks that reward institutions with access rates at or
 7707  above 50 percent; and other metrics approved by the board in a
 7708  formally noticed meeting. The board shall adopt benchmarks to
 7709  evaluate each state university’s performance on the metrics to
 7710  measure the state university’s achievement of institutional
 7711  excellence or need for improvement and minimum requirements for
 7712  eligibility to receive performance funding.
 7713         Section 129. Effective July 1, 2017, section 1004.6497,
 7714  Florida Statutes, is created to read:
 7715         1004.6497 World Class Faculty and Scholar Program.—
 7716         (1) PURPOSE AND LEGISLATIVE INTENT.—The World Class Faculty
 7717  and Scholar Program is established to fund and support the
 7718  efforts of state universities to recruit and retain exemplary
 7719  faculty and research scholars. It is the intent of the
 7720  Legislature to elevate the national competitiveness of Florida’s
 7721  state universities through faculty and scholar recruitment and
 7722  retention.
 7723         (2) INVESTMENTS.—Retention, recruitment, and recognition
 7724  efforts, activities, and investments may include, but are not
 7725  limited to, investments in research-centric cluster hires,
 7726  faculty research and research commercialization efforts,
 7727  instructional and research infrastructure, undergraduate student
 7728  participation in research, professional development, awards for
 7729  outstanding performance, and postdoctoral fellowships.
 7730         (3) FUNDING AND USE.—Funding for the program shall be as
 7731  provided in the General Appropriations Act. Each state
 7732  university shall use the funds only for the purpose and
 7733  investments authorized under this section.
 7734         (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
 7735  Governors shall provide to the Governor, the President of the
 7736  Senate, and the Speaker of the House of Representatives a report
 7737  summarizing information from the universities in the State
 7738  University System, including, but not limited to:
 7739         (a) Specific expenditure information as it relates to the
 7740  investments identified in subsection (2).
 7741         (b) The impact of those investments in elevating the
 7742  national competitiveness of the universities, specifically
 7743  relating to:
 7744         1. The success in recruiting research faculty and the
 7745  resulting research funding;
 7746         2. The 4-year graduation rate;
 7747         3. The number of undergraduate courses offered with fewer
 7748  than 50 students; and
 7749         4. The increased national academic standing of targeted
 7750  programs, specifically advancement among top 50 universities in
 7751  the targeted programs in well-known and highly respected
 7752  national public university rankings, including, but not limited
 7753  to, the U.S. News and World Report rankings, which reflect
 7754  national preeminence, using the most recent rankings.
 7755         Section 130. Effective July 1, 2017, section 1004.6498,
 7756  Florida Statutes, is created to read:
 7757         1004.6498 State University Professional and Graduate Degree
 7758  Excellence Program.—
 7759         (1) PURPOSE.—The State University Professional and Graduate
 7760  Degree Excellence Program is established to fund and support the
 7761  efforts of state universities to enhance the quality and
 7762  excellence of professional and graduate schools and degree
 7763  programs in medicine, law, and business and expand the economic
 7764  impact of state universities.
 7765         (2) INVESTMENTS.—Quality improvement efforts may include,
 7766  but are not limited to, targeted investments in faculty,
 7767  students, research, infrastructure, and other strategic
 7768  endeavors to elevate the national and global prominence of state
 7769  university medicine, law, and graduate-level business programs.
 7770         (3) FUNDING AND USE.—Funding for the program shall be as
 7771  provided in the General Appropriations Act. Each state
 7772  university shall use the funds only for the purpose and
 7773  investments authorized under this section.
 7774         (4) ACCOUNTABILITY.—By March 15 of each year, the Board of
 7775  Governors shall provide to the Governor, the President of the
 7776  Senate, and the Speaker of the House of Representatives a report
 7777  summarizing information from the universities in the State
 7778  University System, including, but not limited to:
 7779         (a) Specific expenditure information as it relates to the
 7780  investments identified in subsection (2).
 7781         (b) The impact of those investments in elevating the
 7782  national and global prominence of the state university medicine,
 7783  law, and graduate-level business programs, specifically relating
 7784  to:
 7785         1. The first-time pass rate on the United States Medical
 7786  Licensing Examination;
 7787         2. The first-time pass rate on The Florida Bar Examination;
 7788         3. The percentage of graduates enrolled or employed at a
 7789  wage threshold that reflects the added value of a graduate-level
 7790  business degree;
 7791         4. The advancement in the rankings of the state university
 7792  medicine, law, and graduate-level programs in well-known and
 7793  highly respected national graduate-level university rankings,
 7794  including, but not limited to, the U.S. News and World Report
 7795  rankings, which reflect national preeminence, using the most
 7796  recent rankings; and
 7797         5. The added economic benefit of the universities to the
 7798  state.
 7799         Section 131. Effective July 1, 2017, subsection (2) of
 7800  section 1007.27, Florida Statutes, is amended to read:
 7801         1007.27 Articulated acceleration mechanisms.—
 7802         (2)(a) The Department of Education shall annually identify
 7803  and publish the minimum scores, maximum credit, and course or
 7804  courses for which credit is to be awarded for each College Level
 7805  Examination Program (CLEP) subject examination, College Board
 7806  Advanced Placement Program examination, Advanced International
 7807  Certificate of Education examination, International
 7808  Baccalaureate examination, Excelsior College subject
 7809  examination, Defense Activity for Non-Traditional Education
 7810  Support (DANTES) subject standardized test, and Defense Language
 7811  Proficiency Test (DLPT). The department shall use student
 7812  performance data in subsequent postsecondary courses to
 7813  determine the appropriate examination scores and courses for
 7814  which credit is to be granted. Minimum scores may vary by
 7815  subject area based on available performance data. In addition,
 7816  the department shall identify such courses in the general
 7817  education core curriculum of each state university and Florida
 7818  Community College System institution.
 7819         (b) Each district school board shall notify students who
 7820  enroll in articulated acceleration mechanism courses or take
 7821  examinations pursuant to this section of the credit-by
 7822  examination equivalency list adopted by rule by the State Board
 7823  of Education and the dual enrollment course and high school
 7824  subject area equivalencies approved by the state board pursuant
 7825  to s. 1007.271(9).
 7826         Section 132. Effective July 1, 2017, paragraph (c) of
 7827  subsection (5) of section 1008.30, Florida Statutes, is amended
 7828  to read:
 7829         1008.30 Common placement testing for public postsecondary
 7830  education.—
 7831         (5)
 7832         (c) A university board of trustees may contract with a
 7833  Florida Community College System institution board of trustees
 7834  for the Florida Community College System institution to provide
 7835  developmental education on the state university campus. Any
 7836  state university in which the percentage of incoming students
 7837  requiring developmental education equals or exceeds the average
 7838  percentage of such students for the Florida Community College
 7839  System may offer developmental education without contracting
 7840  with a Florida Community College System institution; however,
 7841  any state university offering college-preparatory instruction as
 7842  of January 1, 1996, may continue to provide developmental
 7843  education instruction pursuant to s. 1008.02(1) such services.
 7844         Section 133. Effective July 1, 2017, subsection (7) of
 7845  section 1009.22, Florida Statutes, is amended to read:
 7846         1009.22 Workforce education postsecondary student fees.—
 7847         (7) Each district school board and Florida Community
 7848  College System institution board of trustees is authorized to
 7849  establish a separate fee for technology, not to exceed 5 percent
 7850  of tuition per credit hour or credit-hour equivalent for
 7851  resident students and not to exceed 5 percent of tuition and the
 7852  out-of-state fee per credit hour or credit-hour equivalent for
 7853  nonresident students. Revenues generated from the technology fee
 7854  shall be used to enhance instructional technology resources for
 7855  students and faculty and may shall not be included in an any
 7856  award under the Florida Bright Futures Scholarship Program,
 7857  except as authorized for the Florida Academic Scholars award
 7858  under s. 1009.534. Fifty percent of technology fee revenues may
 7859  be pledged by a Florida Community College System institution
 7860  board of trustees as a dedicated revenue source for the
 7861  repayment of debt, including lease-purchase agreements, not to
 7862  exceed the useful life of the asset being financed. Revenues
 7863  generated from the technology fee may not be bonded.
 7864         Section 134. Effective July 1, 2017, subsection (10) of
 7865  section 1009.23, Florida Statutes, is amended to read:
 7866         1009.23 Florida Community College System institution
 7867  student fees.—
 7868         (10) Each Florida Community College System institution
 7869  board of trustees is authorized to establish a separate fee for
 7870  technology, which may not exceed 5 percent of tuition per credit
 7871  hour or credit-hour equivalent for resident students and may not
 7872  exceed 5 percent of tuition and the out-of-state fee per credit
 7873  hour or credit-hour equivalent for nonresident students.
 7874  Revenues generated from the technology fee shall be used to
 7875  enhance instructional technology resources for students and
 7876  faculty. The technology fee may apply to both college credit and
 7877  developmental education and may shall not be included in an any
 7878  award under the Florida Bright Futures Scholarship Program,
 7879  except as authorized for the Florida Academic Scholars award
 7880  under s. 1009.534. Fifty percent of technology fee revenues may
 7881  be pledged by a Florida Community College System institution
 7882  board of trustees as a dedicated revenue source for the
 7883  repayment of debt, including lease-purchase agreements, not to
 7884  exceed the useful life of the asset being financed. Revenues
 7885  generated from the technology fee may not be bonded.
 7886         Section 135. Effective July 1, 2017, subsection (13),
 7887  paragraphs (a) and (b) of subsection (15), and paragraph (b) of
 7888  subsection (16) of section 1009.24, Florida Statutes, are
 7889  amended to read:
 7890         1009.24 State university student fees.—
 7891         (13) Each university board of trustees may establish a
 7892  technology fee of up to 5 percent of the tuition per credit
 7893  hour. The revenue from this fee shall be used to enhance
 7894  instructional technology resources for students and faculty. The
 7895  technology fee may not be included in an any award under the
 7896  Florida Bright Futures Scholarship Program established pursuant
 7897  to ss. 1009.53-1009.538, except as authorized for the Florida
 7898  Academic Scholars award under s. 1009.534.
 7899         (15)(a) The Board of Governors may approve:
 7900         1. A proposal from a university board of trustees to
 7901  establish a new student fee that is not specifically authorized
 7902  by this section.
 7903         2. A proposal from a university board of trustees to
 7904  increase the current cap for an existing fee authorized pursuant
 7905  to paragraphs (14)(a)-(g).
 7906         3. A proposal from a university board of trustees to
 7907  implement flexible tuition policies, such as undergraduate or
 7908  graduate block tuition, block tuition differential, or market
 7909  tuition rates for graduate-level online courses or graduate
 7910  level courses offered through a university’s continuing
 7911  education program. A block tuition policy for resident
 7912  undergraduate students or undergraduate-level courses must shall
 7913  be adopted by each university board of trustees for
 7914  implementation by the fall 2018 academic semester and must be
 7915  based on the per-credit-hour undergraduate tuition established
 7916  under subsection (4). A block tuition policy for nonresident
 7917  undergraduate students must shall be adopted by each university
 7918  board of trustees for implementation by the fall 2018 academic
 7919  semester and must be based on the per-credit-hour undergraduate
 7920  tuition and out-of-state fee established under subsection (4).
 7921  Flexible tuition policies, including block tuition, may not
 7922  increase the state’s fiscal liability or obligation.
 7923         (b) A proposal developed pursuant to paragraph (a) shall be
 7924  submitted in accordance with the public notification
 7925  requirements of subsection (20) and guidelines established by
 7926  the Board of Governors. Approval by the Board of Governors of
 7927  such proposals proposal must be made in accordance with the
 7928  provisions of this subsection. By October 1, 2017, each state
 7929  university board of trustees shall adopt a block tuition and fee
 7930  policy, pursuant to subparagraph (a)3., for implementation by
 7931  the fall 2018 academic semester and submit the policy,
 7932  including, but not limited to, information on the potential
 7933  impact of the policy on students, to the Board of Governors. By
 7934  December 1, 2017, the Chancellor of the State University System
 7935  shall submit to the Governor, the President of the Senate, and
 7936  the Speaker of the House of Representatives a summary report of
 7937  such policies, the status of the board’s review and approval of
 7938  such policies, and the board’s recommendations for improving
 7939  block tuition and fee benefits for students.
 7940         (16) Each university board of trustees may establish a
 7941  tuition differential for undergraduate courses upon receipt of
 7942  approval from the Board of Governors. However, beginning July 1,
 7943  2014, the Board of Governors may only approve the establishment
 7944  of or an increase in tuition differential for a state research
 7945  university designated as a preeminent state research university
 7946  pursuant to s. 1001.7065(3). The tuition differential shall
 7947  promote improvements in the quality of undergraduate education
 7948  and shall provide financial aid to undergraduate students who
 7949  exhibit financial need.
 7950         (b) Each tuition differential is subject to the following
 7951  conditions:
 7952         1. The tuition differential may be assessed on one or more
 7953  undergraduate courses or on all undergraduate courses at a state
 7954  university.
 7955         2. The tuition differential may vary by course or courses,
 7956  by campus or center location, and by institution. Each
 7957  university board of trustees shall strive to maintain and
 7958  increase enrollment in degree programs related to math, science,
 7959  high technology, and other state or regional high-need fields
 7960  when establishing tuition differentials by course.
 7961         3. For each state university that is designated as a
 7962  preeminent state research university by the Board of Governors,
 7963  pursuant to s. 1001.7065, the aggregate sum of tuition and the
 7964  tuition differential may be increased by no more than 6 percent
 7965  of the total charged for the aggregate sum of these fees in the
 7966  preceding fiscal year. The tuition differential may be increased
 7967  if the university meets or exceeds performance standard targets
 7968  for that university established annually by the Board of
 7969  Governors for the following performance standards, amounting to
 7970  no more than a 2-percent increase in the tuition differential
 7971  for each performance standard:
 7972         a. An increase in the 4-year 6-year graduation rate for
 7973  full-time, first-time-in-college students, as calculated by the
 7974  Board of Governors reported annually to the Integrated
 7975  Postsecondary Education Data System.
 7976         b. An increase in the total annual research expenditures.
 7977         c. An increase in the total patents awarded by the United
 7978  States Patent and Trademark Office for the most recent years.
 7979         4. The aggregate sum of undergraduate tuition and fees per
 7980  credit hour, including the tuition differential, may not exceed
 7981  the national average of undergraduate tuition and fees at 4-year
 7982  degree-granting public postsecondary educational institutions.
 7983         5. The tuition differential shall not be included in an any
 7984  award under the Florida Bright Futures Scholarship Program
 7985  established pursuant to ss. 1009.53-1009.538, except as
 7986  authorized for the Florida Academic Scholars award under s.
 7987  1009.534.
 7988         6. Beneficiaries having prepaid tuition contracts pursuant
 7989  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
 7990  which remain in effect, are exempt from the payment of the
 7991  tuition differential.
 7992         7. The tuition differential may not be charged to any
 7993  student who was in attendance at the university before July 1,
 7994  2007, and who maintains continuous enrollment.
 7995         8. The tuition differential may be waived by the university
 7996  for students who meet the eligibility requirements for the
 7997  Florida public student assistance grant established in s.
 7998  1009.50.
 7999         9. Subject to approval by the Board of Governors, the
 8000  tuition differential authorized pursuant to this subsection may
 8001  take effect with the 2009 fall term.
 8002         Section 136. Effective July 1, 2017, subsection (9) of
 8003  section 1009.53, Florida Statutes, is amended to read:
 8004         1009.53 Florida Bright Futures Scholarship Program.—
 8005         (9) A student may use an award for summer term enrollment
 8006  if funds are available, including funds appropriated in the
 8007  General Appropriations Act to support, at a minimum, summer term
 8008  enrollment for a Florida Academic Scholars award.
 8009         Section 137. Effective July 1, 2017, subsection (2) of
 8010  section 1009.534, Florida Statutes, is amended to read:
 8011         1009.534 Florida Academic Scholars award.—
 8012         (2) A Florida Academic Scholar who is enrolled in a
 8013  certificate, diploma, associate, or baccalaureate degree program
 8014  at a public or nonpublic postsecondary education institution is
 8015  eligible, beginning in the fall 2017 academic semester, for an
 8016  award equal to the amount required to pay 100 percent of tuition
 8017  and fees established under ss. 1009.22(3), (5), (6), and (7);
 8018  1009.23(3), (4), (7), (8), (10), and (11); and 1009.24(4), (7)
 8019  (13), (14)(r), and (16), as applicable, and is eligible for an
 8020  additional $300 each fall and spring academic semester or the
 8021  equivalent for textbooks and college-related specified in the
 8022  General Appropriations Act to assist with the payment of
 8023  educational expenses.
 8024         Section 138. Effective July 1, 2017, subsection (2) of
 8025  section 1009.701, Florida Statutes, is amended to read:
 8026         1009.701 First Generation Matching Grant Program.—
 8027         (2) Funds appropriated by the Legislature for the program
 8028  shall be allocated by the Office of Student Financial Assistance
 8029  to match private contributions at on a ratio of $2 of state
 8030  funds to $1 of private contributions dollar-for-dollar basis.
 8031  Contributions made to a state university and pledged for the
 8032  purposes of this section are eligible for state matching funds
 8033  appropriated for this program and are not eligible for any other
 8034  state matching grant program. Pledged contributions are not
 8035  eligible for matching prior to the actual collection of the
 8036  total funds. The Office of Student Financial Assistance shall
 8037  reserve a proportionate allocation of the total appropriated
 8038  funds for each state university on the basis of full-time
 8039  equivalent enrollment. Funds that remain unmatched as of
 8040  December 1 shall be reallocated to state universities that have
 8041  remaining unmatched private contributions for the program on the
 8042  basis of full-time equivalent enrollment.
 8043         Section 139. Effective July 1, 2017, section 1009.89,
 8044  Florida Statutes, is amended to read:
 8045         1009.89 The William L. Boyd, IV, Effective Access to
 8046  Student Education Florida resident access grants.—
 8047         (1) The Legislature finds and declares that independent
 8048  nonprofit colleges and universities eligible to participate in
 8049  the William L. Boyd, IV, Effective Access to Student Education
 8050  Florida Resident Access Grant Program are an integral part of
 8051  the higher education system in this state and that a significant
 8052  number of state residents choose this form of higher education.
 8053  The Legislature further finds that a strong and viable system of
 8054  independent nonprofit colleges and universities reduces the tax
 8055  burden on the citizens of the state. Because the William L.
 8056  Boyd, IV, Effective Access to Student Education Florida Resident
 8057  Access Grant Program is not related to a student’s financial
 8058  need or other criteria upon which financial aid programs are
 8059  based, it is the intent of the Legislature that the William L.
 8060  Boyd, IV, Effective Access to Student Education Florida Resident
 8061  Access Grant Program not be considered a financial aid program
 8062  but rather a tuition assistance program for its citizens.
 8063         (2) The William L. Boyd, IV, Effective Access to Student
 8064  Education Florida Resident Access Grant Program shall be
 8065  administered by the Department of Education. The State Board of
 8066  Education shall adopt rules for the administration of the
 8067  program.
 8068         (3) The department shall issue through the program a
 8069  William L. Boyd, IV, Effective Access to Student Education
 8070  Florida resident access grant to any full-time degree-seeking
 8071  undergraduate student registered at an independent nonprofit
 8072  college or university which is located in and chartered by the
 8073  state; which is accredited by the Commission on Colleges of the
 8074  Southern Association of Colleges and Schools; which grants
 8075  baccalaureate degrees; which is not a state university or
 8076  Florida Community College System institution; and which has a
 8077  secular purpose, so long as the receipt of state aid by students
 8078  at the institution would not have the primary effect of
 8079  advancing or impeding religion or result in an excessive
 8080  entanglement between the state and any religious sect. Any
 8081  independent college or university that was eligible to receive
 8082  tuition vouchers on January 1, 1989, and which continues to meet
 8083  the criteria under which its eligibility was established, shall
 8084  remain eligible to receive William L. Boyd, IV, Effective Access
 8085  to Student Education Florida resident access grant payments.
 8086         (4) A person is eligible to receive such William L. Boyd,
 8087  IV, Effective Access to Student Education Florida resident
 8088  access grant if:
 8089         (a) He or she meets the general requirements, including
 8090  residency, for student eligibility as provided in s. 1009.40,
 8091  except as otherwise provided in this section; and
 8092         (b)1. He or she is enrolled as a full-time undergraduate
 8093  student at an eligible college or university;
 8094         2. He or she is not enrolled in a program of study leading
 8095  to a degree in theology or divinity; and
 8096         3. He or she is making satisfactory academic progress as
 8097  defined by the college or university in which he or she is
 8098  enrolled.
 8099         (5)(a) Funding for the William L. Boyd, IV, Effective
 8100  Access to Student Education Florida Resident Access Grant
 8101  Program for eligible institutions shall be as provided in the
 8102  General Appropriations Act. The William L. Boyd, IV, Effective
 8103  Access to Student Education Florida resident access grant may be
 8104  paid on a prorated basis in advance of the registration period.
 8105  The department shall make such payments to the college or
 8106  university in which the student is enrolled for credit to the
 8107  student’s account for payment of tuition and fees. Institutions
 8108  shall certify to the department the amount of funds disbursed to
 8109  each student and shall remit to the department any undisbursed
 8110  advances or refunds within 60 days of the end of regular
 8111  registration. A student is not eligible to receive the award for
 8112  more than 9 semesters or 14 quarters, except as otherwise
 8113  provided in s. 1009.40(3).
 8114         (b) If the combined amount of the William L. Boyd, IV,
 8115  Effective Access to Student Education Florida resident access
 8116  grant issued pursuant to this act and all other scholarships and
 8117  grants for tuition or fees exceeds the amount charged to the
 8118  student for tuition and fees, the department shall reduce the
 8119  William L. Boyd, IV, Effective Access to Student Education
 8120  Florida resident access grant issued pursuant to this act by an
 8121  amount equal to such excess.
 8122         (6) If the number of eligible students exceeds the total
 8123  authorized in the General Appropriations Act, an institution may
 8124  use its own resources to assure that each eligible student
 8125  receives the full benefit of the grant amount authorized.
 8126         Section 140. Effective July 1, 2017, subsections (2), (4),
 8127  and (5) of section 1009.893, Florida Statutes, are amended to
 8128  read:
 8129         1009.893 Benacquisto Scholarship Program.—
 8130         (2) The Benacquisto Scholarship Program is created to
 8131  reward a any Florida high school graduate who receives
 8132  recognition as a National Merit Scholar or National Achievement
 8133  Scholar and who initially enrolls in the 2014-2015 academic year
 8134  or, later, in a baccalaureate degree program at an eligible
 8135  Florida public or independent postsecondary educational
 8136  institution.
 8137         (4) In order to be eligible for an award under the
 8138  scholarship program, a student must meet the requirements of
 8139  paragraph (a) or paragraph (b).:
 8140         (a) A student who is a resident of the state, Be a state
 8141  resident as determined in s. 1009.40 and rules of the State
 8142  Board of Education, must:;
 8143         1.(b) Earn a standard Florida high school diploma or its
 8144  equivalent pursuant to s. 1002.3105, s. 1003.4281, s. 1003.4282,
 8145  or s. 1003.435 unless:
 8146         a.1. The student completes a home education program
 8147  according to s. 1002.41; or
 8148         b.2. The student earns a high school diploma from a non
 8149  Florida school while living with a parent who is on military or
 8150  public service assignment out of this state;
 8151         2.(c) Be accepted by and enroll in a Florida public or
 8152  independent postsecondary educational institution that is
 8153  regionally accredited; and
 8154         3.(d) Be enrolled full-time in a baccalaureate degree
 8155  program at an eligible regionally accredited Florida public or
 8156  independent postsecondary educational institution during the
 8157  fall academic term following high school graduation.
 8158         (b) A student who initially enrolls in a baccalaureate
 8159  degree program in the 2017-2018 academic year or later and who
 8160  is not a resident of this state, as determined pursuant to s.
 8161  1009.40 and rules of the State Board of Education, must:
 8162         1. Physically reside in this state on or near the campus of
 8163  the postsecondary educational institution in which the student
 8164  is enrolled;
 8165         2. Earn a high school diploma from a school outside Florida
 8166  which is comparable to a standard Florida high school diploma or
 8167  its equivalent pursuant to s. 1002.3105, s. 1003.4281, s.
 8168  1003.4282, or s. 1003.435 or must complete a home education
 8169  program in another state; and
 8170         3. Be accepted by and enrolled full-time in a baccalaureate
 8171  degree program at an eligible regionally accredited Florida
 8172  public or independent postsecondary educational institution
 8173  during the fall academic term following high school graduation.
 8174         (5)(a)1. An eligible student who meets the requirements of
 8175  paragraph (4)(a), who is a National Merit Scholar or National
 8176  Achievement Scholar, and who attends a Florida public
 8177  postsecondary educational institution shall receive a
 8178  scholarship award equal to the institutional cost of attendance
 8179  minus the sum of the student’s Florida Bright Futures
 8180  Scholarship and National Merit Scholarship or National
 8181  Achievement Scholarship.
 8182         2. An eligible student who meets the requirements under
 8183  paragraph (4)(b), who is a National Merit Scholar, and who
 8184  attends a Florida public postsecondary educational institution
 8185  shall receive a scholarship award equal to the institutional
 8186  cost of attendance for a resident of this state less the
 8187  student’s National Merit Scholarship. Such student is exempt
 8188  from the payment of out-of-state fees.
 8189         (b) An eligible student who is a National Merit Scholar or
 8190  National Achievement Scholar and who attends a Florida
 8191  independent postsecondary educational institution shall receive
 8192  a scholarship award equal to the highest cost of attendance for
 8193  a resident of this state enrolled at a Florida public
 8194  university, as reported by the Board of Governors of the State
 8195  University System, minus the sum of the student’s Florida Bright
 8196  Futures Scholarship and National Merit Scholarship or National
 8197  Achievement Scholarship.
 8198         Section 141. Effective July 1, 2017, section 1009.894,
 8199  Florida Statutes, is created to read:
 8200         1009.894 Florida Farmworker Student Scholarship Program.
 8201  The Legislature recognizes the vital contribution of farmworkers
 8202  to the economy of this state. The Florida Farmworker Student
 8203  Scholarship Program is created to provide scholarships for
 8204  farmworkers, as defined in s. 420.503, and the children of such
 8205  farmworkers.
 8206         (1) The Department of Education shall administer the
 8207  Florida Farmworker Student Scholarship Program according to
 8208  rules and procedures established by the State Board of
 8209  Education. Up to 50 scholarships shall be awarded annually
 8210  according to the criteria established in subsection (2) and
 8211  contingent upon an appropriation in the General Appropriations
 8212  Act.
 8213         (2)(a) To be eligible for an initial scholarship, a student
 8214  must, at a minimum:
 8215         1. Have a resident status as required by s. 1009.40 and
 8216  rules of the State Board of Education;
 8217         2. Earn a minimum cumulative 3.5 weighted grade point
 8218  average for all high school courses creditable towards a
 8219  diploma;
 8220         3. Complete a minimum of 30 hours of community service; and
 8221         4. Have at least a 90 percent attendance rate and not have
 8222  had any disciplinary action brought against him or her, as
 8223  documented on the student’s high school transcript.
 8224         (b) The department shall rank eligible initial applicants
 8225  for the purposes of awarding scholarships based on need, as
 8226  determined by the department.
 8227         (c) In order to renew a scholarship awarded pursuant to
 8228  this section, a student must maintain at least a cumulative
 8229  grade point average of 2.5 or higher on a 4.0 scale for college
 8230  coursework.
 8231         (3) A scholarship recipient must enroll in a minimum of 12
 8232  credit hours per term, or the equivalent, at a public
 8233  postsecondary educational institution in this state to receive
 8234  funding.
 8235         (4) A scholarship recipient may receive an award for a
 8236  maximum of 100 percent of the number of credit hours required to
 8237  complete an associate or baccalaureate degree program or receive
 8238  an award for a maximum of 100 percent of the credit hours or
 8239  clock hours required to complete up to 90 credit hours of a
 8240  program that terminates in a career certificate. The scholarship
 8241  recipient is eligible for an award equal to the amount required
 8242  to pay the tuition and fees established under ss. 1009.22(3),
 8243  (5), (6), and (7); 1009.23(3), (4), (7), (8), (10), and (11);
 8244  and 1009.24(4), (7)-(13), (14)(r), and (16), as applicable, at a
 8245  public postsecondary educational institution in this state.
 8246  Renewal scholarships must take precedence over new awards in a
 8247  year in which funds are not sufficient to accommodate both
 8248  initial and renewal awards. The scholarship must be prorated for
 8249  any such year.
 8250         (5) Subject to appropriation in the General Appropriations
 8251  Act, the department shall annually issue awards from the
 8252  scholarship program. Before the registration period each
 8253  semester, the department shall transmit payment for each award
 8254  to the president or director of the postsecondary educational
 8255  institution, or his or her representative. However, the
 8256  department may withhold payment if the receiving institution
 8257  fails to submit the following reports or make the following
 8258  refunds to the department:
 8259         (a) Each institution shall certify to the department the
 8260  eligibility status of each student to receive a disbursement
 8261  within 30 days before the end of its regular registration
 8262  period, inclusive of a drop and add period. An institution is
 8263  not required to reevaluate the student eligibility after the end
 8264  of the drop and add period.
 8265         (b) An institution that receives funds from the scholarship
 8266  program must certify to the department the amount of funds
 8267  disbursed to each student and remit to the department any
 8268  undisbursed advance within 60 days after the end of the regular
 8269  registration period.
 8270         (6) The department shall allocate funds to the appropriate
 8271  institutions and collect and maintain data regarding the
 8272  scholarship program within the student financial assistance
 8273  database as specified in s. 1009.94.
 8274         (7) Funding for this program shall be as provided in the
 8275  General Appropriations Act.
 8276         Section 142. Effective July 1, 2017, present paragraphs (e)
 8277  and (f) of subsection (10) of section 1009.98, Florida Statutes,
 8278  are redesignated as paragraphs (f) and (g), respectively, and a
 8279  new paragraph (e) is added to that subsection, to read:
 8280         1009.98 Stanley G. Tate Florida Prepaid College Program.—
 8281         (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.—
 8282         (e) Notwithstanding the number of credit hours used by a
 8283  state university to assess the amount for registration fees, the
 8284  tuition differential, or local fees, the amount paid by the
 8285  board to any state university on behalf of a qualified
 8286  beneficiary of an advance payment contract purchased before July
 8287  1, 2024, may not exceed the number of credit hours taken by that
 8288  qualified beneficiary at a state university.
 8289         Section 143. Effective July 1, 2017, section 1013.79,
 8290  Florida Statutes, is amended to read:
 8291         1013.79 University Facility Enhancement Challenge Grant
 8292  Program.—
 8293         (1) The Legislature recognizes that the universities do not
 8294  have sufficient physical facilities to meet the current demands
 8295  of their instructional and research programs. It further
 8296  recognizes that, to strengthen and enhance universities, it is
 8297  necessary to provide facilities in addition to those currently
 8298  available from existing revenue sources. It further recognizes
 8299  that there are sources of private support that, if matched with
 8300  state support, can assist in constructing much-needed facilities
 8301  and strengthen the commitment of citizens and organizations in
 8302  promoting excellence throughout the state universities.
 8303  Therefore, it is the intent of the Legislature to establish a
 8304  trust fund to provide the opportunity for each university to
 8305  receive support for challenge grants for instructional and
 8306  research-related capital facilities within the university.
 8307         (2) There is established the Alec P. Courtelis University
 8308  Facility Enhancement Challenge Grant Program for the purpose of
 8309  assisting universities build high priority instructional and
 8310  research-related capital facilities, including common areas
 8311  connecting such facilities. The associated foundations that
 8312  serve the universities shall solicit gifts from private sources
 8313  to provide matching funds for capital facilities. For the
 8314  purposes of this act, private sources of funds may shall not
 8315  include any federal, state, or local government funds that a
 8316  university may receive.
 8317         (3)(a) There is established the Alec P. Courtelis Capital
 8318  Facilities Matching Trust Fund to facilitate the development of
 8319  high priority instructional and research-related capital
 8320  facilities, including common areas connecting such facilities,
 8321  within a university. All appropriated funds deposited into the
 8322  trust fund shall be invested pursuant to s. 17.61. Interest
 8323  income accruing to that portion of the trust fund shall increase
 8324  the total funds available for the challenge grant program.
 8325         (b) Effective July 1, 2009, the Alec P. Courtelis Capital
 8326  Facilities Matching Trust Fund is terminated.
 8327         (c) The State Board of Education shall pay any outstanding
 8328  debts and obligations of the terminated fund as soon as
 8329  practicable, and the Chief Financial Officer shall close out and
 8330  remove the terminated funds from various state accounting
 8331  systems using generally accepted accounting principles
 8332  concerning warrants outstanding, assets, and liabilities.
 8333         (d) By June 30, 2008, all private funds and associated
 8334  interest earnings held in the Alec P. Courtelis Capital
 8335  Facilities Matching Trust Fund shall be transferred to the
 8336  originating university’s individual program account.
 8337         (3)(4) Each university shall establish, pursuant to s.
 8338  1011.42, a facilities matching grant program account as a
 8339  depository for private contributions provided under this
 8340  section. Once a project is under contract, funds appropriated as
 8341  state matching funds may be transferred to the university’s
 8342  account once the Board of Governors certifies receipt of the
 8343  private matching funds pursuant to subsection (4) (5). State
 8344  funds that are not needed as matching funds for the project for
 8345  which appropriated shall be transferred, together with any
 8346  accrued interest, back to the state fund from which such funds
 8347  were appropriated. The transfer of unneeded state funds must
 8348  shall occur within 30 days after final completion of the project
 8349  or within 30 days after a determination that the project will
 8350  not be completed. The Public Education Capital Outlay and Debt
 8351  Service Trust Fund or the Capital Improvement Trust Fund may
 8352  shall not be used as the source of the state match for private
 8353  contributions. Interest income accruing from the private
 8354  donations shall be returned to the participating foundation upon
 8355  completion of the project.
 8356         (4)(5) A project may not be initiated unless all private
 8357  funds for planning, construction, and equipping the facility
 8358  have been received and deposited in the separate university
 8359  program account designated for this purpose. However, these
 8360  requirements do not preclude the university from expending funds
 8361  derived from private sources to develop a prospectus, including
 8362  preliminary architectural schematics or models, for use in its
 8363  efforts to raise private funds for a facility, and for site
 8364  preparation, planning, and construction. The Board of Governors
 8365  shall establish a method for validating the receipt and deposit
 8366  of private matching funds. The Legislature may appropriate the
 8367  state’s matching funds in one or more fiscal years for the
 8368  planning, construction, and equipping of an eligible facility.
 8369  Each university shall notify all donors of private funds of a
 8370  substantial delay in the availability of state matching funds
 8371  for this program.
 8372         (5)(6) To be eligible to participate in the Alec P.
 8373  Courtelis University Facility Enhancement Challenge Grant
 8374  Program, a university must shall raise a contribution equal to
 8375  one-half of the total cost of a facilities construction project
 8376  from private nongovernmental sources which must shall be matched
 8377  by a state appropriation equal to the amount raised for a
 8378  facilities construction project subject to the General
 8379  Appropriations Act.
 8380         (6)(7) If the state’s share of the required match is
 8381  insufficient to meet the requirements of subsection (5) (6), the
 8382  university must shall renegotiate the terms of the contribution
 8383  with the donors. If the project is terminated, each private
 8384  donation, plus accrued interest, reverts to the foundation for
 8385  remittance to the donor.
 8386         (7)(8) By October 15 of each year, the Board of Governors
 8387  shall transmit to the Legislature a list of projects that meet
 8388  all eligibility requirements to participate in the Alec P.
 8389  Courtelis University Facility Enhancement Challenge Grant
 8390  Program and a budget request that includes the recommended
 8391  schedule necessary to complete each project.
 8392         (8)(9) In order for a project to be eligible under this
 8393  program, it must be included in the university 5-year capital
 8394  improvement plan and must receive approval from the Board of
 8395  Governors or the Legislature.
 8396         (9)(10) A university’s project may not be removed from the
 8397  approved 3-year PECO priority list because of its successful
 8398  participation in this program until approved by the Legislature
 8399  and provided for in the General Appropriations Act. When such a
 8400  project is completed and removed from the list, all other
 8401  projects shall move up on the 3-year PECO priority list. A
 8402  university may shall not use PECO funds, including the Capital
 8403  Improvement Trust Fund fee and the building fee, to complete a
 8404  project under this section.
 8405         (10)(11) The surveys, architectural plans, facility, and
 8406  equipment are shall be the property of the State of Florida. A
 8407  facility constructed pursuant to this section may be named in
 8408  honor of a donor at the option of the university and the Board
 8409  of Governors. A No facility may not shall be named after a
 8410  living person without prior approval by the Legislature.
 8411         (11)(12) Effective July 1, 2011, state matching funds are
 8412  temporarily suspended for donations received for this program on
 8413  or after June 30, 2011. Existing eligible donations remain
 8414  eligible for future matching funds. The program may be restarted
 8415  after $200 million of the backlog for programs under ss.
 8416  1011.32, 1011.85, 1011.94, and this section have been matched.
 8417         (12) Notwithstanding the suspension provision under
 8418  subsection (11), for the 2017-2018 fiscal year and subject to
 8419  the General Appropriations Act, the Legislature may choose to
 8420  prioritize funding for those projects that have matching funds
 8421  available before June 30, 2011, and that have not yet been
 8422  constructed.
 8423         Section 144. Effective July 1, 2017, subsection (3) of
 8424  section 267.062, Florida Statutes, is amended to read:
 8425         267.062 Naming of state buildings and other facilities.—
 8426         (3) Notwithstanding the provisions of subsection (1) or s.
 8427  1013.79(10) s. 1013.79(11), any state building, road, bridge,
 8428  park, recreational complex, or other similar facility of a state
 8429  university may be named for a living person by the university
 8430  board of trustees in accordance with regulations adopted by the
 8431  Board of Governors of the State University System.
 8432         Section 145. The Division of Law Revision and Information
 8433  is directed to prepare a reviser’s bill for the 2018 Regular
 8434  Session to substitute the term “Effective Access to Student
 8435  Education Grant Program” for “Florida Resident Access Grant
 8436  Program” and the term “Effective Access to Student Education
 8437  grant” for “Florida resident access grant” wherever those terms
 8438  appear in the Florida Statutes.
 8439         Section 146. Except as otherwise expressly provided in this
 8440  act and except for this section, which shall take effect upon
 8441  becoming a law, this act shall take effect October 1, 2017.